Ch.Mohan Rao v. Smt. Asha Singh

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA A.S.M.P. No.2179 OF 2017 IN/AND APPEAL SUIT No.508 OF 2011 COMMON JUDGMENT:

The present A.S.M.P. No.2179 of 2017 is filed by the petitioner - respondent under Order XXIII, Rule 3 of the Code of Civil Procedure, 1908, seeking to record the compromise entered into between herself and the respondent - appellant, annexing a compromise memo.

2. The main appeal is preferred by the respondent - appellant, who is defendant in O.S. No.725 of 2007, on the file of IV Additional District Judge, Ranga Reddy District at L.B. Nagar, challenging the judgment and decree, dated 07.04.2011 passed by the said Court.

3. The petitioner herein, who is respondent in the appeal, filed the aforesaid suit, as a plaintiff seeking the relief of cancellation of sale deed bearing document No.15099 of 2005, dated 07.10.2005 executed by her in favour of the respondent - appellant, in respect of an open plot, admeasuring 548 square yards in Survey No.2, situated at Raidurg Panmaktha village, Serilingampally Mandal, Ranga Reddy District, and the trial Court decreed the same, by its judgment and decree, dated 07.04.2011, entitling her to recover the possession of the aforesaid plot from the defendant upon her depositing the sale consideration of Rs.14,40,000/-. Aggrieved over the same, the defendant preferred the aforesaid appeal.

ASN,J A.S.M.P. No.2179 of 2017 in/and A.S. No.508 of 2011

4. Today, the appellant and the respondent are present and they are identified by their respective counsel, Sri T. Vinok Kumar and Sri K. Anoop Kumar. They also filed Photostat copies of their Aadhar Cards.

5. Perused the terms of compromise memo entered into by the parties.

6. Now, the parties represent that a part of the extent covered by the aforesaid open plot was conveyed by execution of a registered sale deed bearing document No.2432 of 2014, dated 10.12.2014 by the appellant in favour of the respondent, and thereby requests to record the compromise as per the terms arrived at under the aforesaid memorandum of compromise.

7. Since both parties affirmed the contents of memorandum of compromise filed along with the petition, having satisfied with regard to the adjustment between themselves, A.S.M.P. No.2179 of 2017 is allowed recording compromise in terms of memorandum of compromise.

8. Since A.S.M.P. No.2179 of 2017 is allowed, the Appeal Suit is disposed of as per the terms of memorandum of compromise. The Memorandum of Compromise shall form part of record. As a sequel thereto, Miscellaneous Applications, if any, pending in the Appeal stand closed.

__________________________ A. SHANKAR NARAYANA, J October 05, 2017.

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