L S Reddy v. P Dhanunjaya

THE HON' BLE SRI JUSTI CE CHALLA KODANDA RAM I .A.No.1 of 2019 I N/ AND APPEAL SUI T No.912 of 2018 COMMON JUDGMENT:

I.A.No.1 of 2019 is filed by the appellants/defendants in O.S.No.61 of 2014 on the file of Principal District Judge, Warangal (for short, 'the trial Court'), praying to record the compromise entered into between the parties and thereby close the appeal. The affidavit accompanying the petition is signed by the 3rd appellant-Smt. K. Shobha Reddy, wife of Mahender Reddy. O.S.No.61 of 2014 was filed before the trial Court for recovery of an amount of Rs.18,90,000/-, with future interest at 24% per annum on the principal amount of Rs.15,00,000/- from the date of suit till the date of realization. The suit was decreed on 28.12.2017, aggrieved by which the defendants filed this appeal.

This Court, vide order dated 21.06.2018 in I.A.No.1 of 2018, granted interim stay of the impugned judgment on condition of the appellants depositing 50% of the decretal amount awarded by the trial Court, within six weeks from the date of order in the said interlocutory application. Thereafter, on 31.10.2018, the time for compliance of the condition was extended; and on 14.11.2018, compliance was reported by the appellants. Now, the present application is filed stating that both the parties have entered into a compromise and, as per the terms of compromise, the appellants have agreed to pay a sum of Rs.22,00,000/- to the respondent towards full and final satisfaction of the decretal amount in O.S.No.621 of 2014. It is further stated that the respondent has acknowledged the receipt

ia_1_2019 & as_912_2018 CKR, J of Rs.10,00,000/-, and that the balance amount of Rs.12,00,000/- is to be paid by way of ICICI Bank D.D.No.500929 dated 29.04.2019. The plaintiff/respondent, and also the 3rd appellant are present before the Court today. They are identified by their respective counsel. The plaintiff/respondent as well as the appellants/defendants stated that they have amicably settled the matter by way of compromise and that the compromise may be recorded.

In those circumstances, recording the compromise entered into by the parties, I.A.No.1 of 2019 is allowed, and the appeal is closed. No costs. Pending miscellaneous petitions, if any, shall also stand closed. ______________________________ JUSTI CE CHALLA KODANDA RAM 21st June, 2019 KSM

ia_1_2019 & as_912_2018 CKR, J THE HON' BLE SRI JUSTI CE CHALLA KODANDA RAM I .A.No.1 of 2019 I N/ AND APPEAL SUI T No.912 of 2018 21st June, 2019 KSM