This appeal suit filed under Section 96 CPC concerning a chit fund recovery decree was disposed of on merits based on a compromise between parties. The appellant settled the debt and the matter was withdrawn.
Appeal suit disposed of. No order as to costs. Interim orders vacated. Miscellaneous petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
APPEAL SUIT NO: 364 OF 2011
Appeal filed under Section 96 of C.P.C, aggrieved bytheDecreeand Judgment in OS No. 862 of 2009, dated 21-4-2011, includingEANo.120of 2011, on the file of the 1 Additional Civil (Senior Division) Judge, at Vijayawada, Krishna District.
Between:
Kukkapalli Srinivasa Rao, S/o. Subba Rayudu, Hindu,agedabout40 years, Business, Hindu, R/o. D.No. 21-10/3-81, Srinagar Colony, Vijayawada -11, Vijayawada JCJC
...Appellant / Defendant -1
AND
...Respondent / Plaintiff
...Respondents / Defendants
I.A. NO: 1 OF 2011(ASMP. NO: 1225 OF 2011)
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition,theHighCourtmaybe pleased to stay of all further proceedings in OS No.862of2009,dated21- 4-2011, including EP NO. 120 of 2011, on the file ofthe I Additional Civil (Senior Division) Judge, at Vijayawada,
: SRI CHALASANI AJAY KUMAR Counsel for the Appellant
Counsel for the Respondent No. 1: SMT. SIREESHA RANI
VALLABHANENI
Counsel for the Respondents: SRI P.VISHNUVARDHANA REDDY
The Court made the following: JUDGMENT
APHC010065642011
IN THE HIGH COURT OF ANDHRA PRADESH HfflS AT AMARAVATI (Special Original Jurisdiction)
[3369]
THURSDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
APPEAL SUIT No: 364/2011
Between:
Kukkapalli Srinivasa Rao ...APPELLANT
AND
Kapil Chit Funds Private Limited and Others ...RESPONDENT(S)
Counsel for the Appellant:
1.CHALASANI AJAY KUMAR
Counsel for the Respondent(S):
2.SIREESHA RANI VALLABHANENI
THE COURT MADE THE FOLLOWING JUDGMENT:
The Appeal Suit is preferred by the appellant againsttheJudgmentand Decree dated 21.04.2011, passed in O.S.No.862 of 2009,onthe file of the learned I Additional Senior Civil Judge, at Vijayawada,KrishnaDistrict.
- Both the learned counsel are present.
- On behalf of the respondent/plaintiff Sri E.Nagaraju,ispresentandfiled his identity proof and he was identified by his counsel.
i 1
- Accordingly, the Appeal Suit is disposed of. Thereshallbenoorderas to costs.
Interim orders granted earlier, if any, shall standvacated.
Miscellaneous petitions pending, if any, in this appeal shall stand
closed.
Sd/- K. TATA RAO DEPUTY.REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
- Three CD Copies.
PR
I / r
HIGH COURT
DATED:12/12/2024
JUDGMENT + DECREE
o
VO 1 8 JAN 2C25 1
Co
, Current Section ^ ^
AS.No.364 of 2011
DISPOSING THE APPEAL
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
AS NO: 364 OF 2011
Between:
Kukkapalli Srinivasa Rao, S/o. Subba Rayudu, Hindu,agedabout40years Business, Hindu, R/o. D.No. 21-10/3-81, Srinagar Colony, Vijayawada - 11 Vijayawada JCJC
...Appellant / Defendant -1
AND
...Respondents / Defendants
Appeal filed under Section 96 of C.P.C, aggrieved bytheDecreeand Judgment in OS No. 862 of 2009, dated 21-4-2011, includingEPNO.120 of 2011, on the file of the I Additional Civil (SeniorDivision)Judge, at Vijayawada, Krishna District.
The Appeal Suit and I.A.No.1 of 2024 coming this dayfororderasto settlement in the presence of Sri Chalasani Ajay Kumar,Advocate for the Sri P.Sireesha Rani Vallabhaneni for the Respondent no.1 Appellant and Appellant and the respondent through respective advocate, having filed l.A.No.1 of 2024 requesting the court to pass decreeintermsofMemorandum of Compromise entered into between them and upon perusingthegroundsof appeal. Judgment and decree of the Lower Court andtheJointMemorandum of Compromise purporting to have been signed by thepartiesand their advocates and filed with the said I.A No.1 of 2024 is appearingfromthesaid Memorandum of compromise that the parties herein have entered into compromise and settled the matter in terms of compromisefiledinI.A.No.1of 2024. This Court DOTH RECORD the terms of the said JointMemorandumof Compromise the original whereof is filed in the recordofthesaidI.A.No.1of 2024 and a copy whereof is annexed hereto and Dothintermsofthesaid Memorandum of Compromise, Order and decree as follows
This Court doth order and decree as follows:
.. / .
Rs.2,00,000/was paid on 23.06.2011 by Sri Mutyala Lakshmi Narayana (R4) and Sri Mallavarapu Maraiah (R5) on mybehalf. 4. I submit that I preferred Appeal Suit No. 364/2011onthe file of the Hon'ble High Court of A.P. aggrieved by the Decree and Judgment dated 21.04.2011 passed in O.S. No. 862/2009 by Hon'ble | Addl. Senior Civil Judge Court at Vijayawada and the same is pending.
’ #
No. 1/Plaintiff/1 St party received the Demand Draft and signed on the memorandum of understanding agreeing to not claim any further amount either from the Petitioner/Appellant/2nd party or his guarantors in future.
Sd/- K. TATA RAO
DEPUTY REGISTFtAR
//TRUE COPY//
SEerroN officer
To,
PR
/ .
HIGH COURT
DATED:12/12/2024
DECREE
AS.No.364 of 2011
of
18 JAN 2025 1
^ Current Section
DISPOSING THE APPEAL
2 issues framed by the court
Whether the appellee is entitled to maintain an appeal after the parties have compromised the matter by full payment and withdrawn the suit.
Whether the court can dispose of the appeal suit based on a settlement agreement and withdrawal petition filed by the appellant.
2 provisions across 1 enactments
Kukkapalli Srinivasa Rao
Kapil Chit Funds Private Limited
Guduru Jayalakshmi
Mutyala Lakshmi Narayana
Mallavarapu Maraiah
VammI Lakshmi
T Mallikarjuna Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
