M.Yadagir v. Y.Vasudeva Rao

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA A.S.MP.No.1804 OF 2017 IN/AND APPEAL SUIT No.672 OF 2007 COMMON JUDGMENT:

A.S.MP.No.1804 of 2017 is filed under Order XXIII Rule 3 C.P.C. seeking to dispose of the appeal in terms of the Joint Compromise Memo annexed to the petition.

2. The petitioner - appellant - plaintiff and the respondent - respondent - defendant are present along with their respective counsel. They are identified by their respective counsel, namely, Sri Jithender Rao Veeramalla and Sri Srinivas Polavarapu.

3. The sum and substance of the Joint Compromise Memo is as against the suit claim of Rs.7,70,000/-, the parties settled the amount at Rs.4,00,000/- towards full and final settlement. The respondent also tendered pay order bearing No.078990, dated 27.07.2017, drawn on United Bank of India, Bholakpur Branch, Hyderabad, for the said amount, to the petitioner - appellant, in token of which a receipt is also passed. The petitioner - appellant would admit receipt of pay order for Rs.4,00,000/- mentioned in the above. The petitioner - appellant also agreed to withdraw Crl.A.No.518 of 2007 on the file of this Court, which is also one of the terms of compromise.

4. The parties have affirmed the terms mentioned in the Joint Compromise Memo.

5. Having satisfied with the adjustment, recording compromise as per the terms mentioned in the Joint Compromise Memo, so far as it relates to the parties herein, A.S.MP.No.1804 of 2017 is allowed. In terms of the compromise recorded in A.S.MP.No.1804 of 2017, the present appeal is disposed of. The Joint Compromise Memo shall form part of the decree.

6. Miscellaneous Petitions, if any, pending in this appeal shall stand closed. There shall be no order as to costs. ___________________________ A. SHANKAR NARAYANA, J August 28, 2017.

MD