Matam Shankaraiah (Died) v. Smt.Mahadevamma
THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY I.A.No.1 of 2018 And SECOND APPEAL No.37 of 2009 JUDGMENT:
This appeal is filed assailing the judgment and decree dated 06.06.2008 in A.S.No.5 of 2007 on the file of Senior Civil Judge Court at Narayanpet, wherein whereby the decree and judgment dated 13.04.2007 in O.S.No.95 of 2002 on the file of Junior Civil Judge Court, Narayanpet, dismissing the suit filed by the plaintiff for partition and separate possession, was confirmed. 2.
I.A.No.1 of 2018 is filed by the petitioners-appellants seeking to pass decree in the appeal in terms of the compromise arrived at between the parties.
3.
Appellants 1 and 2 are present. Sri J.Suresh Babu, learned counsel representing Sri K.Mahipathi Rao, learned counsel identified the appellants. Respondents 1, 2, 3, 4, 5, 7, 8 and 9 are present. The first respondent filed I.A.No.2 of 2018 seeking permission of Court to permit her to compromise the matter on behalf of R6. Smt.Dhana Lakshmi, learned counsel representing Sri K.Sreenivas, learned counsel identified respondents 1 to 5 and 7 to 9.
4.
Appellants 1 and 2 and respondents 1 to 5 and 7 to 9 in the open Court submitted that they entered into a compromise. This Court explained the terms and conditions of the compromise deed in Telugu to the parties. The appellants and the respondents admitted that the recitals in compromise deed are true and correct.
5.
In view of the submission made by both the counsel and also in terms of the compromise arrived at between the parties, I.A.Nos.1 and 2 are ordered and the second appeal is disposed of in terms of compromise. Registry is directed to append the memo of compromise to the decree copy. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
_________________________ T.SUNIL CHOWDARY, J 24.10.2018 Rns