Mote Baialah. v. D. Madhusudhan,
HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD C.C.C.A. M.P. No.654 of 2017 IN/ AND C.C.C.A. No.87 of 2017 JUDGMENT:
The appellants and respondent have filed a joint memo of compromise in respect of this appeal pursuant to judgment passed on 09.12.2016 in O.S. No.287 of 2015 on the file of II Additional Senior Civil Judge, City Civil Court at Hyderabad. 2.
The respondent herein filed the said suit for Specific Performance of agreement of sale dated 08.08.2013 against the appellants herein. The suit was decreed with costs with alternative relief against the defendants 1 and 2 directing the defendants to refund earnest money of Rs.6,00,000/- with interest at 25% per annum from the date of the execution of the agreement dated 08.08.2013 till the date of realization and defendants 1 and 2 jointly and severally liable for the decreetal amount. 3.
The parties in this appeal have compromised the matter at the instance of the friends and well wishers and accordingly filed a Joint Memo of Compromise dated 17.07.2017 before this Court. 4.
Sri K.V.Rusheek Reddy, learned counsel, representing Sri K.Siddharth Rao, learned counsel for appellants and Sri Ch.Kiran Kumar, learned counsel for respondent along with their parties present before the Court.
5.
Both the parties stated that they have compromised the matter in terms of Joint Memo dated 17.07.2017 and pursuant to the same, the respondent has received an amount of Rs.6,50,000/-
GSP,J CCCA_87_2017 and out of that, an amount of Rs.3,00,000/- was received by way of cheque bearing No.855705 dated 07.07.2017 and the remaining amount of Rs.3,50,000/- was received by way of cash on the same day.
6.
In view of the said compromise, the C.C.C.A. M.P. No.654 of 2017 is allowed and the appeal is disposed of in terms of the said compromise.
Consequently, miscellaneous petitions, pending if any, in this appeal shall stand closed.
__________________________ GUDISEVA SHYAM PRASAD, J 09.11.2017.
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GSP,J CCCA_87_2017