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High Court for State of TelanganaAS/427/2016disposed of no costs

Narkedamilli Venkata Butchi Bangaru Raju v. Mamidi Ramu Naidu

2016-08-08A V Sesha Sai2 pages

THE HON'BLE SRI JUSTICE A.V. SESHA SAI AS.M.P.Nos.1521 and 1522 of 2016 IN/AND APPEAL SUIT No.427 OF 2016 ORDER:

AS.M.P.Nos.1521 and 1522 of 2016 are the applications filed praying to record the memorandum of compromise enclosed along with the applications.

The said applications are also supported by the affidavits of the parties.

The terms and conditions of the said Memorandum of Compromise read as follows:

A) "That the appellant and the respondent herein have settled the suit O.S.No.27 of 2012, which is decreed on 26.04.2016 for full and final settlement payable by the appellant to the respondent an amount of Rs.12,50,000/- (Rupees twelve lakhs and fifty thousand only).

B) The appellant agreed to pay the said amount and the respondent agreed to forego the balance decreetal amount decreed in OS.No.27 of 2012 dated 26.04.2016.

C) The Appellant has already deposited an amount of Rs.9,31,266/- to the credit of OS No.27 of 2012 on 04.07.2016.

The respondent is entitled to withdraw the said amount.

D) The appellant shall pay the balance amount of Rs.3,18,734/- within 6 months from the date of compromise decree.

E) In the event the appellant fails to pay the balance amount of Rs.3,18,734/- within 6 months, the respondent herein is at liberty to recover the same by filing execution proceedings before the Court. F) The appellant and the respondent shall bind to the above terms and conditions."

2. Parties are present and are identified by the advocates and

parties have also produced their respective aadhar cards in support of their identity. The above compromise is hereby recorded.

3.

Therefore, there shall be decree in accordance with the memorandum of compromise filed along with the applications. Office is directed to draft the decree in terms of the memorandum of compromise. The decree of the court below stands modified as per the present compromise decree.

4. In view of the compromise decree, the Appeal Suit No.427 of 2016 also stands disposed of. Miscellaneous petitions pending consideration, if any, stand closed in consequence. No order as to costs.

__________________ A.V.SESHA SAI, J 08.08.2016 SS