Kalyanam Sireesha v. Patibandla Indravathi. (Dhr.)

THE HON'BLE SRI JUSTICE K.C.BHANU S.A.M.P. No.658 of 2015 in S.A. No.216 of 2014 and S.A. No. 216 of 2014 COMMON JUDGMENT :

1. The Second Appeal is preferred challenging the judgment and decree dated 03.03.2014 in Appeal Suit No.53 of 2013 on the file of the Senior Civil Judge, Mangalagiri, whereunder and whereby the appeal was dismissed confirming order and decree dated 08.04.2013 in E.A. No.413 of 2012 in E.P. No.79 of 2011 in O.S. No.96 of 2010 on the file of the Principal Junior Civil Judge, Mangalagiri.

2. Both parties filed S.A.M.P. No.658 of 2015 requesting to record memorandum of compromise arrived at, between the parties. The parties are present in the Court. They are identified by their respective counsel. They produced their respective identity proofs. The third respondent in the Second Appeal voluntarily stated that he received entire amount of Rs.18,40,000/- from the second appellant and that he has no objection for cancellation of the sale certificate dated 08.04.2013 issued in E.P. No.79 of 2011. It is also agreed that the second appellant is entitled to withdraw Rs.8,40,000/- deposited by the third respondent into the Court. The memorandum of terms of compromise is made part of the record. Accordingly, S.A.M.P. No.658 of 2014 is ordered recording the terms of compromise. In view of the compromise, the Second Appeal has to be allowed in terms of the compromise.

3. The Second Appeal is allowed in terms of compromise setting

aside the sale. No costs. Miscellaneous Petitions, if any, pending in the Second Appeal shall stand closed.

--------------------- (K.C.Bhanu, J.) 17.04.2015 DRK Note: Registry to attach terms of compromise to the decree. THE HON'BLE SRI JUSTICE K.C.BHANU

SECOND APPEAL No. 216 of 2014 17.04.2015