Kommineni Satyanarayana And ANR v. Vedantham Kishan Rao And ANR

THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU I.A.No.1, 2 and 3 of 2018 in/and APPEAL SUIT No.675 of 2007

JUDGMENT

I.A.No.1/2018 is filed to record compromise in A.S.No.675 of 2007. In the appeal, there are two appellants namely Kommineni Satyanarayana and Kommineni Nagendramma. The respondents in the appeal are Vedantham Kishan Rao and M.V.L.Prasad. All the parties to the dispute have signed the memorandum of compromise. Learned counsel appearing for the appellants and the respondents have also signed on the memorandum of compromise.

Sri K.Satyanarayana and Smt.K.Nagendramma are however not personally present in the Court and they have executed a special power of attorney in favour of their son Sri K.Ram Mohan Rao and filed I.A.No.2 of 2018 under Rule 32 of the Civil Rules of Practice to permit them to be represented by their son K.Ram Mohan Rao. Sri N.Vijay, learned counsel for Sri K.Satyanarayana and Smt. K.Nagendramma identifies the signatures of his parties on the special power of attorney and also identifies Sri K.Ram Mohan Rao who is present in the Court. Similarly, Sri Vedantham Kishan Rao respondent No.1/plaintiff no.1 is unable to attend the Court. Therefore, I.A.No.3 of 2018 is filed to permit him to be represented by Sri M.V.L. Prasad, 2nd respondent in the appeal. Sri K.Gani Reddy, learned counsel appearing for the respondents identifies Sri M.V.L.Prasad and also identifies the signature of Sri Vedantham Kishan Rao.

The parties agreed and stated that the terms of compromise were fully understood by them. They argued that of their own volition and willingly they have signed on the memorandum of compromise.

In view of what is stated above, I.A.Nos.2, 3 of 2018 are ordered. I.A.1/2018 is allowed and the memorandum of compromise is accepted. Hence, this appeal is dismissed as compromised between the parties. Registry is directed to include the terms of compromise as part of the judgment and decree whenever a copy of the same is supplied to the parties.

In view of the compromise recorded, the respondents are at liberty to apply for and withdraw the amount lying to the credit of the suit in O.S.No.41 of 2004 on the file of Sr. Civil Judge at Siddipet. Miscellaneous Petitions pending, if any, in this Appeal shall stand closed.

_________________________ D.V.S.S.SOMAYAJULU,J Date: 05/01/2018 lkv