Communist Party Of India, Prakasam v. Nathani Venkata Swamy, (Died) Per Lr R-2

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY I.A. No.1 of 2018 IN / AND APPEAL SUIT No.124 of 2000 JUDGMENT:

This appeal is filed by the plaintiff, under Section 96 of CPC, assailing the decree and judgment dated 30.7.1999 passed in O.S. No.287 of 1997 on the file of the Court of Principal Senior Civil Judge, Ongole, (O.P. No.32 of 1988 and O.S.No.62 of 1989 on the file of the Court of Senior Civil Judge, Addanki) wherein and whereby the suit filed by the plaintiff for declaration and consequential possession of the suit schedule property, was dismissed.

2.

I.A. No.1 of 2018 is filed by the petitioner-appellant to permit him to compromise the matter with the second respondent in terms of the Memorandum of compromise. 3.

During the pendency of the appeal, respondentdefendant died and the second respondent was brought on record as his legal representative, by virtue of the order of this Court dated 20.10.2010 in A.S.M.P. No.2695 of 2006. 3.

The appellant and the second respondent have appeared before this Court. Sri M.Koteswara Rao, learned counsel identified the appellant and Sri Singam Srinivasa Rao, learned counsel identified second respondent, in the open Court.

4.

Heard the learned counsel for both the parties and perused the record. This Court read over and explained conditions (i) to (vi) of the Memorandum of Compromise to the appellant and second respondent in Telugu and they admitted the same. The appellant and second respondent, in the open Court, submitted that they entered into compromise to put an end to the long drawn litigation at the advice of the elders.

5.

Accordingly, I.A. No.1 of 2018 is allowed. Consequently, the appeal is disposed of, in terms of the compromise. Miscellaneous petitions, if any, pending in this appeal shall stand closed.

_________________________ T.SUNIL CHOWDARY, J March 27, 2018.

NOTE:

The Office is directed to annex the copy of The memorandum of compromise to the decree.

(By order) YS