Voggani Padma , Anitha v. Kavali Bheemaiah

Item No.14 THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI AND THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY F.C.A.No.434 of 2018 JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli) 1.

This order is in continuation of the order passed on 06.07.2021 on which date, the parties had arrived at a broad settlement. Learned counsel for the respondent had stated that his client may be permitted to file an affidavit giving the details of the terms and conditions of settlement with a copy to the other side, so that both the parties can be bound down to the settlement.

2.

Both parties are present today.

3.

Learned counsel for the respondent states that he has filed an affidavit dated 08.07.2021, setting out the terms and conditions of the settlement in paras 4 and 5 thereof.

4.

Learned counsel for the parties state that only yesterday, the respondent had agreed that he will also pay a onetime lumpsum amount of Rs.4,00,000/- to the appellant, as she has agreed to withdraw all the pending cases against him including a case filed under the Domestic Violence Act. It has further been agreed that the respondent will act as the guardian of the parcel of land measuring Ac.1.00 which he will gift to the minor child of the parties and he shall pay a sum of Rs.20,000/- per annum towards the sale of the F.C.A.No.434 of 2018

agricultural produce from the said land, directly to the appellant. The gift deed shall be executed by the respondent in favour of the minor child within one month from today. The first instalment of Rs.2,00,000/-, from a sum of Rs.4,00,000/- agreed to be paid by the respondent to the appellant as a onetime settlement, shall also be paid within same timeline. The balance sum of Rs.2,00,000/- shall be paid within four weeks therefrom.

5.

As both sides state that they are agreeable to the aforesaid settlement, they are bound down by the settlement recorded hereinabove. The respondent is additionally bound down by the terms of settlement recorded in paras 4 and 5 of the affidavit dated 08.07.2021. The appellant undertakes to withdraw and/or assist the respondent in seeking quashing of all the cases filed by her against him within one month from today. The respondent shall also withdraw the civil/criminal cases instituted against the appellant within the same timeline.

6.

The present appeal is disposed of in terms of the aforesaid settlement along with the pending applications, if any. ______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 19.07.2021 JSU F.C.A.No.434 of 2018