High Court for State of TelanganaCCCA/305/2006

V.V. Ramanarayana Rao v. B. Ugam Raj Nahar

2015-02-12M.Seetharama Murti,K.C.Bhanu3 pages

THE HON'BLE SRI JUSTICE K.C.BHANU AND THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI C.C.C.A.No.305 OF 2006 JUDGMENT:- (per Hon'ble Sri Justice K.C.Bhanu) This appeal is directed against the order, dated 03.08.2006, in O.S.No.02 of 2001 on the file of the Judge, Family Court, Secunderabad.

2. Appellant/defendant No.1, respondent No.1/plaintiff No.1, who is also representing respondent No.2/plaintiff No.2, and respondent No.3/defendant No.2 are present today in Court hall. They are identified by their respective counsel. They produced their Driving Licence and Aadhaar Card in proof of their identity. Both the parties stated that they voluntarily entered into compromise and the appellant/defendant No.1 stated that he is not interested to prosecute the case further as the matter was settled amicably outside the Court. Respondent Nos.1 and 2/plaintiffs admitted that they received the entire amount due from the principal borrower - defendant No.2 in the suit.

Appellant/defendant No.1 is said to have stood as guarantor/surety to the said amount. At the time of filing of the suit, the documents of the appellant/defendant No.1 have been filed in the trial Court. In view of the fact that the case has been settled amicably and the entire amount due from the defendants has been received by the plaintiffs, there is no impediment to return those documents to the appellant/defendant No.1. Hence, the terms of compromise are recorded as per the compromise memo and the trial Court is directed to return the original documents to the appellant/defendant No.1 on his application.

3. Accordingly, the City Civil Court Appeal is allowed in terms of the compromise. There shall be no order as to costs. Miscellaneous

Petitions, if any, pending in this appeal shall stand closed. ______________________ JUSTICE K.C.BHANU ___________________________________ JUSTICE M.SEETHARAMA MURTI Date: 12.02.2015 AMD THE HON'BLE SRI JUSTICE K.C.BHANU AND THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI

C.C.C.A.No.305 OF 2006 DATE: 12.02.2015 AMD