Neelakuditi Srinivasa Rao v. Tirumalakonda Mohana Rao

THE HON'BLE SMT. JUSTICE ANIS S.A. M.P. No. 523 OF 2015 AND S.A. NO. 316 OF 2008 COMMON JUDGMENT:

Heard learned counsel appearing for the appellant Sri V.V.Anil Kumar and the learned counsel for the respondent Sri M.Baswa Raj. It is submitted by both the counsel that the parties have amicably settled the matter outside the court and to that effect, a Memorandum of Compromise signed by both the parties to the appeal and their counsel, as well, has been filed before this court along with SAMP No. 523 of 2013 praying the court to record the terms of compromise and to allow the Second Appeal in terms thereof. Both the parties are present before this Court and identified by each other and are also identified by their counsel appearing on their behalf.

Upon questioning by this court, the respondent is admitted to have received an amount of Rs.8,00,000/- (Rupees eight lakhs only) from the appellant by way of Demand Draft bearing No.743987 dated 19.9.2014 drawn on Syndicate Bank, Ajithsingh Nagar Branch, Vijayawada, in full and final settlement of the decreetal amount in OS No.817 of 2003 passed by learned V Additional Senior Civil Judge, Vijayawada, including interest thereon. It is further admitted that the respondent shall have no claim against the appellant in respect of the

judgment dated 24.01.2008 passed in AS No. 205 of 2005 by the learned VIII Addl. District & Sessions Judge (Fast Track Court), Vijayawada, assailing which the present second appeal is filed. Upon further questioning by this court, the parties have agreed that they are aware of contents of the terms and conditions of the compromise. In view of the said fact, the Miscellaneous Petition is ordered and the Second Appeal is disposed of in terms of the Memorandum of Compromise. No order as to costs. The Registry is directed to draw a decree in terms of Memorandum of Compromise. Miscellaneous petition, pending in this Second Appeal, shall stand closed.

_____________________ ANIS, J.

April 4, 2017 MAS

THE HON'BLE SMT. JUSTICE ANIS COMMON JUDGMENT IN S.A. M.P.

No. 523 OF 2015 AND S.A. NO. 316 OF 2008 Dated : April 04, 2017