Betalam Bhadri Raju v. Manthena Narasa Raju
HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY A.S. M.P. No.1981 OF 2015 AND A.S. No.323 OF 2009 COMMON JUDGMENT:
Both the parties i.e., 7th defendant-appellant and plaintiff-1st respondent, as defendants 1 to 6, who are respondents 2 to 7 herein, are not necessary parties, are present and they are identified by their respective counsel. The terms and conditions of the memorandum of compromise are read over to the parties in telugu and they admitted the same to be true and correct. Hence, I find that the compromise entered by both the parties is not collusive and it is voluntary. In view of the compromise arrived between the parties, I find that it is a fit case to record compromise by exercising power under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. Accordingly, A.S.M.P. No.1981 of 2015 is ordered.
In view of the orders passed in A.S.M.P. No.1981 of 2015, the Appeal Suit is disposed of in terms of the memorandum of compromise. However, Registry is directed to annex a copy of the terms and conditions of compromise to this order. In consequence, miscellaneous petitions, if any, pending in this Appeal, shall stand disposed of. No order as to costs. _____________________________ M. SATYANARAYANA MURTHY, J Date: 10-09-2015.
Dsh HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY
11092015 A.S. M.P. No.1981 OF 2015 AND A.S. No.323 OF 2009
Date.10-09-2015 DSH