M/S. Surya Tiffins And Chats v. K.Satyanarayana

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY CCCA.MP.No.192 of 2015 in/and CCCA.No.85 of 2011 Dated 28th April, 2015 Between:

M/s.Surya Tiffins and Chats

...Petitioner

(CCCA.MP.No.192 of 2015) And K.Satyanarayana and others

...Respondents

(CCCA.MP.No.192 of 2015) Counsel for the petitioner: Sri Y.Neelakanta Reddy for Sri V.Ravi Kiran Rao (CCCA.MP.No.192 of 2015) Counsel for the respondents: Sri Pratap Narayan Sanghi (CCCA.MP.No.192 of 2015) The Court made the following:

JUDGMENT:

The appeal is filed against the judgment and decree, dated 21.04.2011, in O.S.No.349 of 2009, on the file of the learned XIV Additional Chief Judge (FTC), City Civil Court, Hyderabad.

The appellant filed CCCA.MP.No.192 of 2015 for passing a decree in terms of the memorandum of compromise by setting aside the judgment and decree, dated 21.04.2011.

At the hearing, Sri A.Ramu, Proprietor of the appellant, and Sri K.Srinivasa Rao, S/o.K.Satyanarayana, GPA of the respondents, are personally present. Both of them have affirmed the undated memorandum of compromise signed by them.

A perusal of the memorandum of compromise shows that the appellant, the GPA of the respondents as well as the respective counsel have signed the same. Both the learned counsel have submitted that the decree of the lower Court may be set aside and a fresh decree in terms of Clauses (i) to (xi) of the memorandum of compromise may be passed.

In the light of the above facts and submissions of the learned counsel, the judgment and decree of the lower Court is set aside. The appeal is disposed of in terms of the memorandum of compromise filed along with CCCA.MP.No.192 of 2015. CCCA.MP.No.192 of 2015 accordingly stands allowed. C.V.NAGARJUNA REDDY, J 28th April, 2015 VGB