Pathlavath Sakru v. Smt. Vijaya Laxmi,
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM t.A.NO.1 0F 2021 APPEAL SUIT NO: 504 OF 2016 AS.NO.504 0F 2016:
Appeal under Section 96 of CPC against the Judgment and decree dated 31.03.2016 in O.S.No.82 ol 2012 on the file of the Court of the I Additional District Judge, Mahabubnagar.
coMMoN cT. rN |.A.NO.1 0F 2021 AND AS.NO.504 0F 2016 Between:
Pathlavath Sakru, S/o. Laxman, Aged about 36 years, Occ: Agriculture, Rio. H.No. 6-180, Ramnagar Colony, Chatanpally Village, Faroognagar Mandal, Mahabubnagar District.
...PETITIONERYAPPELLANT Smt. Vijaya Laxmi, W/o. K. Laxma Reddy, Aged about 48 years, Occ: Teacher, R/o. H.No.'1 3-1 44, Christian Colony, Shadnagar, Mahabubnagar District ...RESPONDENT/RESPONDENT lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to record the terms of compromise between the parties herein in the present appeal pursuant to the lvlemorandum of Compromise Dated,04.03.2021 and the present appeal may be disposed by recording the terms of the compromise in the interest of justice. lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings of the Judgment and Decree dt. 31-03-2016 in OS No. 82 of 2012 by the Hon'ble lst Additional District Judge, Mahabubnagar including the execution of Decree pending the appeal.
Counsel for the Appellant: SRl. M HAMSA RAJ Counsel for the Respondent: SRl. K. JAGADISHWAR REDDY The Court delivered the following: JUDGMENT
I THE HON' BLE SRI JUSTICE CHALLA KODANDA RAM ,, LA.No. 1 of 2021 A.S. No. 5O4 of2O16
JUDGMENT
I.A.No. 1 of 2O2l was taken out to record the terms of compromise between the parties pursuant to the Memorandum of Compromise dated 04.O3.2021 , The respondent - plaintiff filed O.S.No. 82 of 2Ot2 on the Ille of the I Additional District Judge, Mahabubnagar for specific performance of agreement of sale dated 03.10.2012 and the said suit u,as decreed. After filing E.P.No. 283 of 2019 on the file ol the Principal District Judge, Mahabubnagar to execute the judgment and decree, both the appellant and the respondent have amicably settled the dispute, whereunder, the respondent - plaintiff had agreed to accept Rs. 12 lacs, which is inclusive of the advance amount paid under the agreement of sale, in full and final settlement for not pressing the E.p. and foregoing the rights to enforce the decree and judgment in the suit. Terms have been specified under the memorandum of compromise dated 04.03.2021 filed along with LA.No. 1 ol 2021 dated 05.03.202 1.
Both the parties are present before this Court and confirmed that they had entered into compromise and signed the memo voluntarily. The respondent also confirmed that in terms of the compromise, she received the amount. The parties are identified by their respective counsel.
In those circumstances, I.A.No. I of 2O2l is allowed and consequently, the Appeal is disposed of in terms of the compromise memo dated 04.O3.2O21.
Miscellaneous petitions, if any pending, shall stand closed.
Sd/- K.SRINIVAS RAO JOINT REGISTRAR N-,-"
//TRUE COPY'
SECTION OFFICER To, The I Additional District Judge, Mahaboobnagar, Mahaboobnagar District' 1.
One CC to Sri. M. Hamsa Raj' Advocate [OPUC] 2.
One CC to Sri. K. Jagadishwar Reddy, Advocate [OPUC] .) gbr ..\V Two CD CoPies t-
HIGH COURT DATED: 2310412021 ( riE S14 16 \ I 0I il,t'l 2021 co
JUDGMENT
l.A.No.1 ot 2021 AS.No.504 of 2016 DISPOSING OF THE APPEAL ,<