A.Indrasena Reddy v. A.Madan Mohan Reddy

HON'BLE SMT JUSTICE ANIS S.A.M.P.No.595 OF 2016 in SECOND APPEAL No.459 OF 2013 and SECOND APPEAL No.459 OF 2013 J U D G M E N T:

Appellant No.1-A.

Indrasena Reddy died, his legal representatives were brought on record as Appellant Nos.2 to 5. Appellant No.3 is permitted to represent Appellant Nos.2, 4 & 5 as per order in S.A.M.P.No.611 of 2015 dated 15.03.2016. Respondent No.5 is permitted to represent Respondent Nos.7 to 9 as per order in S.A.M.P.No.612 of 2015 dated 15.03.2016.

S.A.M.P.No.595 of 2016 is filed by the petitioners-Appellant Nos.2 to 5 seeking to pass a decree in Second Appeal No.459 of 2013 by recording compromise, entered by both the parties. Both parties to the appeal i.e., Appellant No.3 representing Appellant Nos.2, 4 & 5, Respondent Nos.1, 2, 4 and Respondent No.5 representing Respondent Nos.7 to 9 are present in person in the Court and stated that they compromised the matter as per the terms of the memorandum of compromise, dated 09.03.2016.

Learned counsel appearing for both the parties submits that the parties have settled the matter outside the Court and filed the memorandum of compromise into the Court in S.A.M.P.No.595 of 2016. The parties and their respective counsel signed the said memorandum of compromise. The terms of compromise are readover and explained to the parties and they accepted the same as true and correct and binding on them.

In view of the terms of compromise entered into by the parties, the Second Appeal is allowed. The memorandum of compromise be made part of the record. A decree be issued in terms of the memorandum of compromise and this compromise is related to the subject matter of the suit O.S.No.26 of 2005 on the file of the Senior Civil Judge, Mahaboobnagar. Miscellaneous petitions, if any, pending in the second appeal shall stand closed. No order as to costs.

_________________ JUSTICE ANIS Date: 15.03.2016 lmv