Smt Charulatha Agarwal v. Mr. Prakash Mawle (Died) As Per Lr Smt Sudha Mowle

HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY SA.MP.No.1594 of 2016 in SA.No.1479 of 2011 And SA.No.1479 of 2011

O R D E R

The SA.MP.No.1594 of 2016 is filed under Order 23, Rule-3, read with Section 151 CPC to record compromise, alleging that during pendency of this appeal, due to intervention of mediators, the matter has been settled for a sum of Rs.1,50,000/- towards full and final settlement of all claims, payable within 45 days from today and both parties agreed for the same. In view of the settlement of the matter outside the Court, the parties are permitted to enter into compromise. Accordingly, this petition is allowed.

A compromise memo is filed incorporating the terms of compromise for payment of amount due to the plaintiff as agreed therein along with the petition.

The appellant, represented by his power of attorney holder and the 2nd respondent who is the sole legal heir of respondents 1 and 3, appeared in person and the terms of compromise are read over to them and explained to them in Telugu and they admitted the same to be true and correct. Hence, I find that the compromise is at the volition of both the parties. Hence the appeal is allowed in terms of compromise. The Bank Guarantee, if any, is lying with the Court, the Registry is directed to return the same under proper acknowledgment from the concerned. No order as to costs. Miscellaneous petitions, if any, pending in the Second Appeal shall stand closed.

__________________________________ M.SATYANARAYANA MURTHY, J 09.08.2016 tk