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High Court for State of TelanganaCMA/1318/2012disposed of no costs

Sri S.Purnachandra Rao And 2 Others v. M/S Reliance Builders A Partnership Firm Registered Under

2018-03-28C.Praveen Kumar,T.Amarnath Goud3 pages

THE HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR And THE HONOURABLE SRI JUSTICE T. AMARNATH GOUD C.M.A.M.P.No.2040 of 2017 In/and C.M.A.No.1318 of 2012 JUDGMENT: (per Hon'ble Sri Justice C.Praveen Kumar) 1) Aggrieved by the order and decree dated 04.12.2012, passed in I.A.No.905 of 2012 in O.S.No.172 of 2012 on the file of the Judge, Family Court-cum-VII Additional District and Sessions Judge, Medak at Sangareddy, wherein an application filed under Order XXXXI Rules 1 and 2 of C.P.C. seeking adinterim injunction restraining the petitioners herein from alienating the schedule properties to third parties, was allowed, the present appeal came to be filed. 2) The facts in issue are as under:

The respondent herein filed O.S.No.172 of 2012 seeking recovery of money. Along with the suit, the respondent also filed I.A.No.905 of 2012 seeking ad-interim temporary injunction restraining the petitioners herein from alienating the schedule properties to third parties. After hearing both the parties, the trial Court allowed the said I.A. Challenging

the same, the present appeal came to be filed by the petitioners.

3) During pendency of the appeal, the petitioners herein filed C.M.A.M.P.No.2040 of 2017 for disposal of the main suit itself in terms of the joint compromise memo dated 09.10.2017. Along with the said application, the parties also filed a joint compromise memo dated 09.10.2017. 4) Today the appellants and respondent are present. Sri Botla Venkateswara Rao, Advocate, identified the appellants and Sri Sudhakar Rao Ambati, Advocate, identified the respondent. When examined, the appellants and the respondents have stated that at the instance of the elders, they have settled all their disputes out of the Court and agreed to withdraw all the cases filed by both the parties against each other.

5) Having regard to the facts and circumstances stated above and taking into consideration the compromise arrived at between the parties, we deem it appropriate to dispose of the appeal in terms of the memorandum of compromise. 6) Accordingly, C.M.A.M.P.No.2040 of 2017 is allowed. Consequently, C.M.A.No.1318 of 2012 is disposed of in terms

of the compromise. The joint compromise memo dated 19.12.2016 shall form part of this order. Miscellaneous petitions, if any, pending in this appeal shall stand closed. There shall be no order as to costs.

____________________ C. PRAVEEN KUMAR, J ______________________ T. AMARNATH GOUD, J 28.03.2018 Note: Issue C.C. by Monday B/ o gkv