Kaparthi Vara Laxmi v. Kaparthi Nagaraju

[ 3208 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE THIRTY FIRST DAY OF DECEI\iIBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA APPEAL SUIT NO: 1036 OF 2013 Appeal filed under Section 96 r/w Order 41 Rule 1 of CPC against the Judgment and Decree daled 3111012O'13 made in O.S.No.65 of 2009 on the file of the Court of the Senior Civil Judge, Siddipet, Medak District. Between:

'1. Kaparthi Vara Laxmi, Wo late Lingam, Aged about 68 years, Occ Housewife,

2. Kaparthi Krishnaveni, Wo late Vinay kumar, Aged about 37 years, Occ Housewife,

3. Kaparthi Lingesh, S/o late Vinay kumar, Age Minor, Occ Student,

4. Kaparthi Manisha, D/o late Vinay kumar, Occ Student, Appellants 3 and 4 are being minors, rep by their mother K.Krishnaveni, the appellant No.2, All are Residents of H No. 7-1-59, Subash Road, Siddipet Town, lVledak District.

I ...APPELLANTS/DEFENDANTS I AND !

1. Kaparthi Nagaraju, S/o Chinna Lingam, Aged about 42 years, Occ Business

2. Kaparthi Jagadishwar, S/o Chinna Lingam, Aged about 40 years, Occ Business, I I Both are residents of H.No.1-56, Shankarnagar, Narsapur village, R/tvl Siddipet, Medak District.

...RESPONDENTS/PLAINTIFFS I Counsel for the Appellants: M/s. A. Satyasiri Counsel for the Respondents: Shashidhar Guruvula The Court delivered the following JUDGMENT:

THE HON'BLE SMT. JUSTICE P.SREE SUDHA APPEAL SUIT No. 1036 of2013 JUDGMENT:

This eLppeal suit is filed against the judgment ancl decree dated 31.10.2013 passed in O.S.No.65 of 2OO9 on the fi[e of the Senior Crvil Judge, Siddipet, Medak District. 2.

The surt vide O.S.No.65 of 2009 was hled for recovery of amount u'as decreed on 31.10.2013 against which altpeal is preferred.

3.

l,earncrl counsel for the appellants and learned counse] for lhe respondents prcsen t.

4.

lt is represented that during the pendency of the appeal, parties entered into the scttlcment and also a compromise joint memo was executed between the parties.

5.

In view of the compromise joint memo executed between the parties, appeal is allou,ed in Lerms of joint memo. As a sequel, miscellaneous petitions, pendir-rg if ar-Ly, shall stand closec-.

Sd/- K. SRINIVASA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To

1. The Senior Civil Judge, Siddipet, Medak District.

2. One CC to M/s. A. Satyasiri Advocate [OPUC]

3. One CC to Sri Shashidhar Guruvula Advocate [OPUC]

4. Two CD Copies (Along with a copy of joint memo) Vtligh (x

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HIGH COURT DATED: 3111212024 -:':\ $ vt t c;

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JUDGMENT

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I I i l ALLOWING THE APPEAL IN TERMS OF JOINT MEMO (+ ffiu5 ^ $cop,,o-Y I I I I i I II I It T

HIGH COURT OF JUDICATURE AT FryDERABAD FOR THE STATE OF TELANGANA RUNNING INDEX A.S.No.1035 of 20'1.3 Date of Paper Date of filing (4) Description of the document Page No.

(5) S1 No (1) Joint Memo 28.70.2024 08.11.2024 I-t (2) Copy of the Settlement Agreement 28.10.2024 -do5-( HYDERABAD Dared:08-L1 -2024 COUNSEL FOR THE PETITIONER

1_

IN THE HIGH COURT FOR THE STATE OF TEI.ANGANA AT

TryDERABAD A.S.No. 1036 of 2O13 Between:

1. Kaparthi Vara La:rrni, Wife of Late Lingam, aged about 76 years, Occupation: Housewife.

2. Kaparthi Krishnaveni, Wife of Late Vinay Kumar, aged about 48 yeass, Occupation: Housewife.

3. I{aparthi Lingesh, Son of l"ate Vinay Kumar, aged. about 27 years, Occupation: Chartered Accountant in Practice.

4. Kapartii Salthoshi alias Kaparthi Manisha, Daughter of Late Vinay Kumar, aged about 23 years, Occupation: Private Service.

AII are residents of H. No. 7 - 1 - 59, Subash Road, Siddipet Town, Siddipet District, Telangana.

...Appellants/Defendants And

1. Kaparthi Nagaraju, Son of Chinna Lingam, aged about 57 years, Occupation: Business;

2. Kaparthi Jagadishwar, Son of Chinna Lingam, aged about 55 years, Occupation: Business;

Both residents of H.No. 1-56, Shankarnagar, Narsapur Village, Siddipet Mandal, Medak District.

. . . Respondents/Plaintiffs JOINT MEMO The ftespondents/Plaintiffs had instituted a civil suit bearing O.S. No. 65l2OOg on the file of the Hon'ble Senior Civil Judge, f- {f, V p,Mj.sh'n&voi.

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LSiddipet, Medak District, seeking recovery of a sum of Rs.6,76,6661- (Rupees Six l-akhs Seventy-Six Thousand Six Hun&ed Srxby- Six Only), inclusive of a principal amount of Rs.5,oo,00o/- (Rupees Five I rl'hs Only), allegedly borrowed by the deceased Vinay Kumar during his lifetime on the basis of registered mortgage deed without possession executed by him and his mother tJle 1st Appellant herein in favour of the Plaintiffs/ Respondent vide document bearing No. 5389 of 2OO3 dated 22.1O.2OO3 registered in the offce of the Subregistrar, Siddipet

2. The Hon'ble Tria.l Court, vide its judgment and decree dated 31-10-2013, decreed the suit in favor of the Respondents / Plaintiffs, holding the Appellants/ Deferrdants joinfly and severally liable for d sum of Rs.6,76,666/-, with future interest at the rate of l2o/o per annum, while [miting the liability of Defendants No. 2 to 4 to the estate of the deceased Vinay Kumar.

Aggrieved by the said judgment and decree, the a Appellants/Defendants preferred the above captioned First Appeal before this Hon'ble Court. This Hon'ble Court, vide its interim order, stayed the execution of the decree dated 31-1020 13, subject to the condition tJlat the Appellants/Defendants deposit 5Oo/o of the decretal amount. In compliance qdth the said order, the Appellants/First Part5r have deposited a sum of Rs.5,44,878/-, which may be withdrawn by the Respondents / Second Party, and the First Party/Appellants (+46<, ut h. )<xishr..rvezd A2 A3 i!

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shall issue No Objection for withdrawal of the said amount along with the interest which is in deposit before the trial court.

In the course of the proceedings, given the close familial relations between the Parties and with the intervention and mediation of family elders and well-wishers, the Parties have arrived at an amicable setflement, thereby agreeing to resolve and settle atl their disputes, including those arising from O.S' No. 65/2009 and the above captioned First Appeal. As per the Settlement Agf,eement, an additional amount of Rs'8,30,OOO/- is being paid by the Appellants to the Respondents jointly' It is respectfirlly submitted that the amount satisfies the Decree Amount, and no further amounts are payable to the Respondents by the Appellants' It is further agreed that the Respondents No. I & 2 will release the registered mortgage deed referred above vide document bearing No. 5389 of 2OO3 dated 22.10.2003 in favour of the Appellant by executing 4ecessary documents in this regard before the Sub-Registrar, Siddipet.

In view of the aforementioned settlemerrt and as per tJ:e terms and conditions mutually agreed upon, as per tJle Settlement Agreement dated 15-1O-2024 the Parties respectflrlly submit that the matter starids resolved in its entirety and no furtlrer disputes remain between them. Accordingly, the Parties jointly pray before this Hon'ble Court t}lat the pending Appeal Suit No. 1O36/2013 be disposed of in terms of the settlement' Copy l< e 6 <, 6 pkr*shrroveTl{ A2A3 4L A11 aa.t&lg26.4*.,{*roShi .)

of the Settlement Agreement is annexed herewith for the kind perusal of this Hon'ble Court.

6. The Parties further submit that the said setllement has been entered into voluntarily, without any undue influence, coercion, or pressure, and that they shall bear their respective costs incurred in the proceedings.

Hence this joint memo.

PJ ,iy ) Counsel fot Appellaats Appellant No. L o F'Fa'is htrc'-v&u Appellaat IIo.2 Appellant No.3 H. ganthshi Appellaat No.4 lyt Rerpondent No.1 -==-- Counael for Reapondeatc Hyderabad Date : 28.10.2024 **r a)c RcspondeEt l{o.2

AGREEMEIIT THIS SETTLEMENT AGREEMENT (the 'Agreemeof) is executed on this 28th day of October, 2024 (the "kecution Date") at SiddiPet, Telangana" India' by and alaong: FIRST PART l. Kaparthi Vard.laxmi, WiIe of I-ate Lingan, aged about 76 yeans, Occupation: Housewi.fe;

2. Kaparthi Krblnaueni, Wife of l,ate Vinay Kumar, aged about 48 ye€rs, Occupation: Housewife;

3. Kaparihi Lingesh Son of La.te vinay Kumar, aged' about 27 yeare, occupation: Chartered Accountant in hactice;

4. Kaparthi'&tnnshi dias Koparthi Manishg Dau8hter of Late Vhay Kumar, a$ed about 23 year8, Occupation: kivate Service;

All residents of H.No. 7- 1-59, Subash Road, SiddiPet Toum, SiddiPet District, Telangans.;

(Hereinaftet collectively referred to as t}re 'Appellants/Defendants', which expreseion shall, unless repugnant to tlle context ot meaning thereof, be deemed to mean and include their reslrctive legal heirs, auoaeaaora, representatives, and assigns) of the FIRST PARI; SECOND PART \. Kopanhi Naganiu, Son of Chinna Lin8am, aged ebout 57 yeers, OccuPation: Busineeo;

2. Kaparlhi Jagadishuar, Son of Chinna Lingam, aAed about 55 year8, OccuPation:

Busi[ess;

Both residents of H.No. 1-56, shanl(arnagar, Narsapur vtlage, Siddipet Mandal, Medak Dietrict, Telangana;

(Hereinafter collectively referred to as the oRespondenta/P1aintiffs", whieh expression sha.lt, unless repugnant to the cont€xt or meaning thereof, be deemed to mean and include ttreir respective legaf heir8, successora, repreaentatives, arrd assigns) of the SECOND PART' The Appe[ants/Defendants and Respondents/ Plaintifis are hereinalter collectively referred to as ttre "Partiea" and individually as a "Party" WHEREAS, ,A- The Respondents/Plaintills frled a civil suit bearing O'S' No' 65 /2OA9 on the frle of t]le Hon'ble Senior Civil Judge, SiddiPet, Medak District, 8eeki48 recoveqr of a sum of Rs.6,76,666/- (Rupees Six Lakhs Seventy-Six Thousand Six Hundred Sixty-Six Only), inclusive of a principal amount of Rs'5,O0,O0O/- (Rupees Five I-akhs Only) ailegedly borrowed b'y I-ate Vinay Kumar during tlie lifetinxe on the basis of registered mortgage deed without possession eaecttcd by him and his I l-tLx /<'Kr"k?rmqvrnt Page I of tt 6*rt '1 A} ,/"+ A)_ A3 nLw( ?-L ALr RL&dh. S.o{hoghi

motier t}le 1st Appellant herein in favour of the Plaintiffs/Respondent vide documqnt besring No. 5389 of 2OO3 dated 22.1O.2OO3 registered in the omce of the Sub-regi strar, Siddipet.

B. The Honble Court tria.l vide its judgrnent dated 31-10-2013 decreed lhe suit, holding the AppeUants/Defendants joinuy and severally liable for the anount of Rs.6,76,666/-, a-long wi*r future interest at tie rate of l2Vo per annum, Iimiting the liability of Defendants No. 2 to 4 to the estate of late Vinay Kumar. C. Aggrieved by the said judgrnent, the AppeUants/Defendants f,led Appeal Suit No. 1036 of 2013 before the Hon'ble High Court for the State of Telangana, which is currently pending adjudication. The Hon'ble High Court grarted stay of the Decree dated 31-10-2012 on the condition of deposit of 50% of the de.cretal amount, The Appellants/ F irst Party have paid an amount of Rs.5,44,878/- in terms of tlle said order which was withdrawn by the Respondent/ Second Parry; D. Owing to the familial relationahip between the Parties and after mediation by q,ellwishers and family elders, t].e Parties have mutually agreed to settle all disputes in the terms and conditions outlined heretr, thereby putting an end to tlle pending litigation.

NOW, THEREFORE, THIS AGREEMENT WITNESSSTH AND THE PARTIES HEREBY AGREE AS FOLLOWS:

1. s€ttloE trt of DLputo 1.1. The Appellants /Defendants, in fuU and 6nal setuement oi sll ctai[ls, Iiabilitics, arrd obligations arising from or in connection with the aforementioned civil suit bearing O.S.No.65/2OO9 and the decree dated 31-10-2013, hereby ag.ee to pay to ttre Respondents/ Plaintifis a total aum of Ra.8,30,OOO/- (Rupee8 Eight t-qkhs Thirty Thoueend only) (the'Setuement Amounr), in addition to the Fts.5,44,878/- deposited by the First Party in terms of the order of ttre Hontte High Courl 1.2. Out of the Settlement Amount:

a A sum of Rs.4,15,OO0/- (Rupees Four l€l<hs Fiftee[ Thousand onlyl shall be paid to Respondent/Plainti-ff No. l, Koparthi Naggruju, by way of Demand Draft bearing No.OOO310 dated 28 10-2024 drarvn on Axis Bark, Siddipet Branch.

b. An equal sum of Rs.4,15,OO0/- (Rupees Four [:]hs Fi-fteen Thoueand only) shall be paid to Respondent/Plaintiff No. 2, Kapotfhi Jagadishuar, by way of Dernard Draft bearing No. O00311 dated 28-lO-2O24 drawn on Axis Balk, Siddipet Bra-nch

2. Cloaurc of Ll6gation 2.1. The Appellants/ De{endants shatl, w'it}rir a period of One Week from t}re Execution Date, file appropriate petitions before t}le Honble HiAh Court lor the State Pago 2 0f4 \z-5 { - sr K, [srj.shTo-vd A1 4^-$e" "1/.

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of Telangana, seeking the closure of AS No' 1036/2013' ard the Respondents/Plaintiffe shall rerrder unconditional cooperation and support in a1l r"ui".t" necesaary to facilitate the exPeditious closure of the said litiSation' The Respondents/Plaintifrs shall also take neceasaty 8teP8 for tl.e closure of the negistered Mortgage Deed referred above bearing Document 538912003 dated 22:rc.2oo3 by executiflg neceasary docum€rrts for the discharge of tj.e said dosuments 2.2. Tine aforementioned Demand Drafts shall be handed over to t}te Respondents/Plaintilfs on ttre date of closure of the Appeal Suit No' 1036/2013 by the Hontle High Court.

3. Rolosse and Dlschatge 3.l. Upon receipit of t}le settlement Amount in accordance with the terrns herein' the nespondents/niaintifis, on their own behalf and on behatf of their respective heirs' *r"L"uo.", rePresentatives, and assigns, hereby irrevocably and unconditionally release, waive, and discharge the Appetlants/Defendants and their respective heirs' auccesaora, representatives, and assigns from any and atl daims' liabilities' demands, actions, suits, or proceedings, whether known or unlanown' arising out of or in connection E'ith the subject matter of O'S' No' 6512009 8nd A'S' No' lA36l2}t3, including but not lirnited to the principal amount' intereat' costs' and any other related claims.

Both parties a€tee that A.S.No.1O36/2013 bc closcd irr terms of this out of court gettlement.

4. Wtt.hdrawsl of Clalas by Tttrd P'rtle8 The ResPondents/Plaintills hercby confrm that no t}ird parties have any valid or pendlng ctaims or acuons aSainst the ApPellants/Deferdants in connection with the subjecLatter of O.S. No. 65/2O09 or A'S' No' 7036/2013' Should any such thirdparty ctaims arise, the Respondents/PtaintilTs shail take all necessary steps to "lruure "uch claims.are prompfly withdrawn or dismissed' ald shall indemniff tl-te Appellants/ Defendants against any liatrility arising from such claims'

5. Birdtsg Elfoct This Agreement shall be binding upon and shall inure to the benefit of the Parties heretoLd their respective legal heirs, successors' executors' admitriskators' and permitted assigns.

6. lf, lscella.oeous Provlslons 13.1. Entire Agreement: This Agreement constitutes t-l.e entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior understandings, agreernents, and rePresentalions, whether oral or written' regarding such subject rnatter.

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r 13.2. Governing l,aw: This Agreement shall be governed by arrd con8tr-ued in accordance with the laws of India, and any dispute8 arising oLrt of or in connection tlIith this Agreernent sha]l be subject to ttre excluaive jurisdictron of t}le courts at Hyderabad, Telangara13.3. Amendment. Any modi.fication or arnendment to this Agreement sha]] be in writing aad signed by all pa,-ties hereto.

IN WITNFSS WHEREOF, the parties have executed this Agreement on tile date, month, and year first above written.

SIGNED AND DELIVERED by the within-named:

Appellants/Defend ants Yo4** 2.1(' t<trJ\shnov bnt 1.1, <^..thoshi RespondentslPlaintiffs 2 /)t Witnesses 3-s--- Page { of4

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fls\'?- MEDAK:: DISTRICT t HIGH COURT AT HYDERABAD FOR THE STATE OF TELANGANA tZ l2 A.S. No. "1036 of 2W rcq113 JOrNT MEMO tr, gC I or) }.

* RECEIvE l\ Flied on: @.11..2024 Filed by A. SATYASTRT (15309) Advocate Counsel for the Petitioner