M.Vijayalakshmi v. M.V.Mallikarjuna Rao
THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY A.S.M.P.No. 102 OF 2015 IN/AND A.S.No. 363 OF 1997 COMMON JUDGMENT:
F.C.A.M.P.No. 102 of 2015 is filed under Order 23 Rule 3 of the Code of Civil Procedure, to record compromise, alleging that the respondent-respondent-plaintiff filed O.S.No. 57 of 1993 on the file of the Court of Additional District Judge, R.R. District at Saroor Nagar, Hyderabad (for short, 'the trial Court'), against the petitioner-appellantdefendant for declaration and permanent injunction restraining the defendant, her agents, nominees, transferees and all persons claiming under her etc., from claiming any rights as purchaser under registered sale deed dated 18-02-1980. The trial Court, after full-fledged trial, decreed the suit and the same is now challenged in the present appeal.
While the matter stood thus, elders on both sides intervened, settled the matter and reduced the same into writing as memorandum of compromise.
Today, both the appellant and the respondent are present in the Court and they are identified by Sri V.V.L.N.Sarma, learned counsel for the appellant-defendant, and Sri K.Dilip Apparao, learned counsel, appearing on behalf of Sri P.Durga Prasad, learned counsel for the respondent-plaintiff.
The terms and conditions of the compromise are read over to both the appellant and the respondent in Telugu language and they admitted them to be true and correct and agreed for the compromise. The compromise is voluntary.
Taking into consideration of facts and circumstances of the case and to implement the compromise entered into by the parties outside the Court, I find that it is a fit case to record the compromise. The
petition is, accordingly, ordered.
In view of the voluntary compromise entered into by the parties to the appeal, a decree is passed in terms of the compromise. Pending miscellaneous petitions in this appeal, if any, shall stand closed in consequence. No costs.
_____________________________ M.SATYANARAYANA MURTHY, J.
Date: 30-01-2015.
JSK