Marri Shyam Sunder, Warangal District v. U. Ramachandra Reddy, Warangal And 3 Ots

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY S.A.M.P.No.1721 of 2017 and SECOND APPEAL No.272 of 2011 JUDGMENT:

This appeal is filed under Section 100 of CPC, by the plaintiff, assailing the judgment and decree dated 11.01.2011 passed in A.S.No.4 of 2010 on the file of the Court of II Additional District Judge, Warangal, wherein and whereby the judgment and decree dated 17.11.2009 passed in O.S.No.1306 of 2003 on the file of the Court of II Additional Junior Civil Judge, Warangal, decreeing the suit filed by the plaintiff for perpetual injunction, was reversed.

2.

The appellant not pressed the appeal against respondent Nos.1 and 3. Hence, the appeal against respondent Nos.1 and 3 is dismissed as not pressed.

3.

S.A.M.P.No.1721 of 2017 is filed by the appellant-plaintiff to record the compromise in terms of agreement of compromise. The agreement of compromise is filed along with the petition. 4.

The appellant is present. Sri Ghan Shyam Das Mandhani, learned Advocate, representing Sri Bankat Lal Mandhani, learned counsel for the appellant, identified the appellant in the open Court. Respondent No.2 is represented by his G.P.A.Holder by name C.Ganesh. Respondent No.2 G.P.A.Holder and respondent No.4 are present. Sri T.P.Acharya, learned counsel for respondent Nos.2 and 4, identified respondent Nos.2 and 4 in the open Court. The parties also submitted their Aadhaar Cards.

5.

This Court read-over and explained the terms of the compromise to the appellant and respondent Nos.2 and 4, who in turn admitted the same as true and correct. In view of the same, this Court is inclined to record the compromise. 6.

Accordingly, S.A.M.P.No.1721 of is ordered.

Consequently, the Second Appeal is disposed of, in terms of the compromise. Miscellaneous Petitions, if any, pending in this appeal shall stand closed.

________________________ T.SUNIL CHOWDARY, J Date: 30.10.2018 Note:

The Office is directed to annex the agreement of compromise to the decree of the second appeal.

(By order) Ivd