Smt.N.Rajya Lakshmi Devi v. Sri T.Venkata Subbaiah
THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CCCA.MP.Nos.383 & 384 OF 2016 IN/AND CCCA.Nos.83 & 84 of 2014 COMMON ORDER:
CCCA.MP.Nos.383 & 384 of 2016 are filed under Order XXIII Rule 3 read with Section 151 CPC, requesting the Court to record compromise and grant decree in terms thereof, as the matter has been settled between the parties and both parties have entered into a memo of compromise jointly on 18.07.2016 by specifying certain terms in clauses 1 to 5.
2. The respondent/tenant and N.Babu Rao, who is the G.P.A holder of the owner Rajya Laxmi and who is no other than her father, are present in-person. They requested to dispose of the appeals in terms of settlement arrived at between them. Learned counsel for both parties have identified their respective parties.
3. When both parties were explained the terms of compromise mentioned in the memo of compromise dated 18.07.2016, they admitted them to be true and correct. As per the terms of compromise, the respondent/tenant is required to vacate the subject premises on or before 31.12.2016 and submit an undertaking to this Court. In terms thereof, an undertaking drafted on a stamp paper of Rs.100/- is filed by the respondent/tenant before this Court,
and the same shall form part of the record. The 2nd clause of the compromise memo relates to arrears of rent, as per which, the deposit lying with the petitioner is stated to be sufficient for adjustment of rents payable from 01.03.2016 to 31.12.2016. As per the 3rd clause of the said memo of compromise, the respondent is liable to pay all dues and arrears towards electricity and water charges till 31.12.2016.
4. In view of the settlement arrived at between the parties pursuant to the terms and conditions of memo of compromise, dated 18.07.2016, CCCAMP.Nos.383 & 384 of 2016 are ordered recording the terms of compromise. Consequently, CCCA.Nos.83 and 84 of 2014 are disposed of in terms of compromise. The terms of compromise shall form part of the decree.
5. Miscellaneous petitions, if any pending in these appeals, shall stand closed. No order as to costs. _______________________________________ JUSTICE A. SHANKAR NARAYANA 28.07.2016 v v