Mukesh Teli v. Smt.Bharati Teli And 2 Others

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND THE HON'BLE SMT. JUSTICE T. RAJANI F.C.A. No.187 of 2013 and CROSS-OBJECTIONS (SR) No.21528 of 2013 DATED:20-04-2018 F.C.A. No.187 of 2013 Between:

Mukesh Teli ... Appellant And Bharati Teli and others ... Respondents COUNSEL FOR THE APPELLANT: Mr. Srikanth Hari Haran, for Mr. V. Hari Haran COUNSEL FOR THE RESPONDENTS: Mr. Sunil B. Ganu, for Mrs. Manjari S. Ganu THE COURT MADE THE FOLLOWING:

JUDGMENT: (per the Hon'ble Sri Justice C.V. Nagarjuna Reddy) F.C.A. No.187 of 2013 is filed against order dt.05.12.2012 in O.P. No.201 of 2006 on the file of the Judge, Family Courtcum-Additional Chief Judge, Secunderabad. By the said order, the Court below has allowed the O.P. filed by the respondents in the appeal seeking grant of maintenance. The respondents in the aforesaid appeal filed Cross-Objections (SR) No.21528 of 2013.

For convenience, the parties will be referred to as they are arrayed in F.C.A. No.187 of 2013.

2.

During the hearing, the appellant and respondent Nos.1 and 2 are personally present. Respondent No.1 represented that respondent No.3, who is her son, is abroad and that he authorized her to represent him on his behalf and also to settle the dispute amicably with the appellant.

3.

After prolonged negotiations, the appellant and respondent No.1, who represented herself and also her two children, i.e. respondent Nos.2 and 3, have agreed to settle the dispute in the following terms:

(i) The appellant agreed to give away his half share in the property bearing No.1-10-98/22, Taatshree, Chikoti Garden, Dwarakadas Colony,

Mayuri Marg, Begumpet, Hyderabad, by executing a gift deed and registering the same in the names of respondent Nos.2 and 3 on the expenditure towards Stamp Duty and Registration to be borne by the respondents, within ninety days from today;

(ii) The appellant is permitted to be in possession of the house referred to in (i) supra for ninety days and he shall handover the possession of the house along with original documents of title and the registered gift deed to be executed by him in favour of respondent Nos.2 and 3 to respondent Nos.1 and 2; and (iii) Respondent No.1 agreed to return the sum of Rs.15,00,000/- derived by sale of the shares. Out of the said sum, respondent No.1 agreed to transfer a sum of Rs.7,50,000/- stated to be lying in her account to the account of the appellant within one week from today and pay the balance sum of Rs.7,50,000/- to the appellant on the day when the latter hands over the possession of the house along with the

original documents and gift deed as referred to in (i) and (ii) supra.

4.

Respondent Nos.1 and 2 on their behalf and on behalf of respondent No.3 have solemnly undertaken before us that they will not have any further claims against the appellant relating to any other properties whatsoever, except the house property as referred to above. Both the parties agreed to withdraw all the cases pending against each other before all the Courts. 5.

Paragraphs 3 and 4 of this order have been read over to the parties in the presence of their respective counsel and they reaffirmed the contents of the said paragraphs. 6.

In the light of the above, the appeal and the crossobjections stand disposed of in terms of the above mentioned terms of settlement.

As a sequel to disposal of the appeal and the crossobjections, pending miscellaneous applications shall stand disposed of as infructuous.

__________________________ C.V. NAGARJUNA REDDY, J _________________________ T. RAJANI, J 20-4-2018 bnr