Smt. Kunche Vasantha Vs Dannina Lakshmikantham

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APHC010723612011

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3367] (Special Original Jurisdiction)

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THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE V SRINIVAS

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I.A.NO.4 OF 2025 IN/AND

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FIRST APPEAL NO: 353/2011

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Between:

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SMT. KUNCHE VASANTHA, W/O LATE GOPALA KRISHNA MURTHY HOUSEWIFE R/O D.NO., 10-0-19/5 BEHIND MUNICIPAL OFFICE, RAMNAGAR, BAZAR STREET VISAKHAPATNAM

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KUM. KUNCHE SUJATHA, D/O LATE GOPALA KRISHNA MURTHY EMPLOYEE R/O D.NO., 10-0-19/5 BEHIND MUNICIPAL OFFICE, RAMNAGAR, BAZAR STREET VISAKHAPATNAM

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SMT. KUNCHE SUNEETHA @ JYOTHI, W/O LANKA CHINA BABU PVT. EMPLOYEE R/O D.NO., 10-0-19/5 BEHIND MUNICIPAL OFFICE, RAMNAGAR, BAZAR STREET VISAKHAPATNAM

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KUNCHE ANIL KUMAR, S/O LATE GOPALA KRISHNA MURTHY, STUDENT, R/O D.NO., 10-0-19/5 BEHIND MUNICIPAL OFFICE, RAMNAGAR, BAZAR STREET, VISAKHAPATNAM APPELLANT NOS.2 TO 4 ARE LEGAL REPRESENTATIVES OF THE DECEASED APPELLANT NO.1 WHO ARE ALREADY ON RECORD VIDE COURT ORDER DATED 30.06.2025 IN MEMO USR.NO.62825 OF 25 IN A.S.NO.353 OF 2011.

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...APPELLANT(S)

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AND 1.DANNINA LAKSHMIKANTHAM, W/o Krishna Murthy Housewife R/o Peddabazar Centre Mattapallivari Street, Pithapuram Road, Samalkot, E.G. District. and three others.

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...RESPONDENTS

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2

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to set aside the Judgment and decree in OS NO.156 of 2008 dt.13-4-2011 on the file of the I Additional Senior Civil Judge at Kakinada and allow the present appeal with costs and pass

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IA NO: 1 OF 2011(ASMP 1185 OF 2011

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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 all further proceedings including the execution of the decree passed in OS No. 156 of 2008 on the file of the I Additional Senior Civil Judge at Kakinada pending disposal of the above First Appeal and pass

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IA NO: 1 OF 2017(ASMP 352 OF 2017

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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 condone the delay of 33 days in filing the LRs petition to bring legal representatives (proposed respondents 2 to 4) on record on behalf of sole respondent (died)

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IA NO: 2 OF 2017(ASMP 997 OF 2017

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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

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IA NO: 4 OF 2017(ASMP 999 OF 2017

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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

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IA NO: 1 OF 2025

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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 may be pleased to condone the delay of (3157) days in filing the LR petition and the petition to set aside the abatement caused due to the death of the respondent no.1 in above A.S.No.353 of 2011 and pass

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IA NO: 2 OF 2025

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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 may be pleased to set aside the

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3

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abatement caused due to the death of the respondent no.1 in above A.S.No.353 of 2011 and pass

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IA NO: 3 OF 2025

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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 may be pleased to implead the Proposed Petitioners/Proposed Respondents Nos.2 to 4 in the above appeal as the legal representatives of the deceased 1st Respondent, permit us to prosecute the appeal, and pass

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IA NO: 4 OF 2025

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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 may be pleased to record the compromise and dispose of the A.S.No.353 of 2011, in terms of terms and conditions mentioned in the Joint Memo filed by both the parties and pass

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Counsel for the Appellant(S):

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1.I RAVINDRA BABU

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2.P RAJAGOPAL REDDY

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Counsel for the Respondent:

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1.N SIVA REDDY

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2.N V ANANTHA KRISHNA

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The Court made the following:

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COMMON JUDGMENT:

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Both the parties i.e., appellants as well respondents jointly filed the I.A.No.4 of 2025 under Order 23 Rule 3 r/w. Section 151 of C.P.C. to record the joint compromise memo, which is filed along with this application, and to pass a decree in terms of compromise as mentioned in the said joint compromise memo.

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4

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Both parties present before the Court, they admitted the terms of compromise mentioned in the said joint compromise memo as true and correct, gave consent to record the same.

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Both the parties have filed their photostate-copy of Aadhaar card and they were identified by their respective learned counsel.

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Pursuant to the above, I.A.No.4 of 2025 is ordered by recording compromise between the parties as per the terms of compromise mentioned in the joint compromise memo, which shall be part and parcel of the decree and judgment in the present Appeal Suit No.353 of 2011.

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Since the joint compromise memo is accepted by both the parties and in view of the above mentioned circumstances, the appeal in A.S.No.353 of 2011 is disposed of by granting a decree in-terms of compromise arrived at I.A.No.4 of 2025. There shall be no order as to costs.

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Interim orders granted earlier if any, stand vacated. Miscellaneous applications pending if any, shall stand closed.

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______________________ JUSTICE V.SRINIVAS

Date: 18.09.2025 Krs

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THE HON'BLE SRI JUSTICE V.SRINIVAS