Gaddamanugu Janaki Devi, Died Vs Poduri Rajyalakshmi

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THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

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APPEAL SUIT NOs: 671 of 2023 & 330 of 2024

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COMMON JUDGMENT : (per Ravi Nath Tilhari, J)

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Heard learned counsel for the parties.

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The suit is for partition vide O.S.No.134 of 2012 was filed by the plaintiff in the Court of XII Additional District Judge, Vijayawada, which was partly decreed on 23.01.2023. The suit was decreed with respect to item Nos.1 & 2 of the properties determining the shares of the parties and with respect to item No.3, the suit was dismissed. The defendants preferred A.S.No.671 of 2023 and the plaintiff preferred A.S.No.330 of 2024 with respect to item No.3 only. The decree passed by the Trial Court is preliminary decree.

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On 12.12.2025, this Court passed the following order:

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“……..Appellant No.1 in A.S.No.671 of 2023 is respondent No.1 in A.S.No.330 of 2024. The legal representative of respondent No.1 is respondent No.4 in A.S.No.330 of 2024. The order passed in I.A.No.3 of 2025 in A.S.No.671 of 2023 shall also govern in A.S.No.330 of 2024.

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The plaintiff-appellant in A.S.No.330 of 2024 filed a suit for partition O.S.No.134 of 2012, which was partly decreed in favour of the plaintiff to the extent of 1/3^rd share in item No.1 of the plaint schedule property and 1/6^th share in item No.2 of the plaint schedule property vide decree dated 23.01.2023.

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Challenging the same, the plaintiff-appellant filed A.S.No.330 of 2024.

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Challenging the same decree in O.S.No.134 of 2012, all the defendants in the suit filed A.S.No.671 of 2023.

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In A.S.No.330 of 2024, the appellant has filed an application I.A.No.1 of 2025 for withdrawal of the appeal, inter-alia submitting that the parties entered into compromise.

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In A.S.No.671 of 2023 also I.A.No.2 of 2025 has been filed along with joint memo dated 27.10.2025 to record the compromise entered between the parties and to set aside the order passed in O.S.No.134 of 2012.

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Learned counsel for the parties submits that all the parties have entered into compromise and they are present.

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Accordingly, the parties shall appear before Registrar (Judicial) for verification of the compromise with their due identification today itself.

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Post on 16.12.2025 along with the report.”

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The Registrar(Judicial) has submitted a report of identification of the parties and also verification of the compromise.

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As per the report so far as item No.3 is concerned, the property was long back acquired by the Government. So in respect of that property there is no compromise or memo of undertaking between the parties.

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I.A.No.2 of 2025 in A.S.No.671 of 2023 has been filed to decide the appeal in terms of compromise.

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Considering the report as also submissions advanced, the present appeals are decided in terms of compromise.

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The terms of compromise and joint memo and the report of Registrar (Judicial) are the part of the order.

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We provide that since the appeal is against the preliminary decree, so in view of the compromise, the preliminary decree with respect to item Nos.1 & 2 is passed in terms of the compromise and the appeal with respect to item No.3 is dismissed.

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Let learned Trial Court shall pass the final decree in terms of the compromise within a period of three (03) weeks from the date of receipt of the copy of this judgment.

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