Karri Kaleswara Rao, (Died) Per Lrs A- 2 To 4 v. Aguru Vijaya,

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY ASMP.No.190 of 2015 In/and AS.No.92 of 2012 Date:10.02.2015 Between:

Kurri Kaleswara Rao, S/o late Pydireddy (died) and others.

.....Applicants/ Appellants And:

Aguru Vijaya, W/o Suresh .....Respondent Counsel for the applicants/appellants: Sri K.Venkatesh Counsel for Respondent : Sri P.Durga Prasad The Court made the following:

COMMON ORDER:

ASMP.No.190 of 2015 is filed for recording the terms of compromise of the joint memo.

This appeal arises out of judgment and decree dated 24.10.2011, in O.S.No.577 of 2006 on the file of learned I Additional Senior Civil Judge, Rajahmundry, East Godavari District.

During the pendency of the appeal, the sole appellant died and appellant Nos.2 to 4 were brought on record as his legal representatives. Appellant No.2 has filed her affidavit, wherein she has stated that her

husband died on 02.10.2013 leaving behind herself and her two minor children, who are appellant Nos.3 and 4; that with the intervention of elders, appellant No.2 and the respondent have compromised the dispute, as per which, the appellants have agreed to take 381 square yards and the respondent has agreed to take 275 square yards from out of 656 square yards situated in T.S.No.18 of Aryapuram, Rajahmundry town, which is the sole suit schedule property. She has also stated that a joint memo is filed recording the terms of compromise and she has requested to pass the compromise decree in terms of the said joint memo.

Along with the affidavit of appellant No.2, the joint memo, signed by both the parties and their respective counsel, is filed.

At the hearing, the appellants and the respondent are personally present. They have confirmed the settlement of the dispute and filing of joint memo. In the light of the above, ASMP.No.190 of 2015 is ordered and the appeal is disposed of in terms of the joint memo. The Registry shall draft the decree incorporating the terms of joint memo.

As a sequel to disposal of the appeal, ASMP.No.275 of 2012 is dismissed as infructuous. ____________________________ JUSTICE C.V.NAGARJUNA REDDY 10th February, 2015 DR