Bandari Raji Reddy ( Died ) Per L.Rs. v. Thudi Shyamsunder Reddy
THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY A.S.M.P.No.182 of 2014 in/and APPEAL SUIT No.615 of 2012 12.02.2015 Between:
Bandari Raji Reddy (died) and others
...Petitioners/appellants
And Thudi Shyamsunder Reddy and others
...Respondents
Counsel for the petitioners/appellants: Sri J.Suresh Babu for Sri K.Mahipathi Rao Counsel for respondents: Sri K.Jagadishwar Reddy for Mrs.K.Rajitha The Court made the following:
COMMON ORDER:
A.S.No.615 of 2012 arises out of the judgment and decree, dated 04.06.2012 in O.S.No.48 of 2006 on the file of learned Senior Civil Judge, Bhongir. By the aforementioned judgment, the suit filed by respondent No.1 for specific performance of an agreement of sale was decreed.
The appellants - defendant Nos.1 to 5 filed A.S.M.P.No.182 of 2015 with a prayer to allow the appeal in terms of memorandum of compromise entered into between both the parties. Along with the said application, the compromise petition signed by all the parties and their counsel has been filed. It is, inter alia, mentioned in the compromise petition that in stead of enforcing the suit agreement for sale, it is agreed among the parties that appellant Nos.2 to 5 - defendant Nos.2 to 5 shall pay to respondent No.1 - plaintiff a sum of Rs.12,00,000/- in full and final settlement of the latter's claim and on receipt of the said sum, respondent No.1 - plaintiff shall have no claim over the suit schedule property.
At the hearing, the learned counsel for the appellants handed over a demand draft taken out in the name of respondent No.1 - plaintiff for a sum of Rs.12,00,000/- (Rupees twelve lakh only). All the parties, who are present in the Court, have confirmed the arrangement of compromise and expressed that they have willingly entered into this arrangement.
In the light of the above facts, A.S.M.P.No.182 of 2015 is allowed and consequently, A.S.No.615 of 202 is allowed and the judgment and decree, dated 04.06.2012, in O.S.No.48 of 2006 on the
file of learned Senior Civil Judge, Bhongir, is set aside. The Registry shall draft the decree in terms of the compromise petition.
__________________________ (C.V.NAGARJUNA REDDY, J) 12th February, 2015 GHN