The High Court disposed of an appeal challenging a declaration of ownership decree based on a filed compromise memo. The lower court's decree was modified per the settlement terms, and the application for arbitration mediation was dismissed.
Appeal disposed of via compromise; lower court decree modified; ASMP dismissed.
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THE HON’BLE SRI JUSTICE A. GOPAL REDDY & THE HON’BLE SRI JUSTICE K.S. APPA RAO
A.S No. 62 of 2007 & A.S.M.P.NO.1305 OF 2011
JUDGMENT: (Per Hon’ble Sri Justice A. Gopal Reddy)
The appellants-defendants 2 to 6 filed this appeal against the judgment and decree dated 18.9.2006 passed by the learned I Additional District Judge, Karimnagar in O.S.No.12 of 2001 declaring the respondent 2 & 3-plaintiffs 2 & 3 as owners of the property as per Ex.A12 will and holding that the plaintiffs 2 & 3 are entitled to recover possession from the appellants-defendants 2 to 6.
During the pendency of the appeal, the parties arrived at settlement and filed ASMP No.1305 of 2011 for referring the matter to Lok Adalat to settle the matter in terms of the compromise. Since the compromise memo was not filed along with the petition, the matter was adjourned to this day.
Today, the parties along with their Counsel are present before this Court and filed memorandum of compromise signed by them and their signatures have been verified by the Counsel appearing for the parties. On enquiry, the parties stated that they have settled the matter amicably and the terms of compromise were reduced into writing.
In view of the same, the appeal is disposed of in terms of compromise and the decree passed by the lower Court is modified in terms of compromise. No order as to costs. In view of the disposal of the appeal by this Court, no orders need be passed in ASMP No.1305 of 2011 and hence, the ASMP is dismissed.
_________________ (A. Gopal Reddy, J)
________________ (K.S. Appa Rao, J)
18th August, 2011 NN
THE HON’BLE SRI JUSTICE A. GOPAL REDDY &
THE HON’BLE SRI JUSTICE K.S. APPA RAO
A.S No. 62 of 2007 &
A.S.M.P.NO.1305 OF 2011
(Judgment delivered by the Hon’ble Sri Justice A. Gopal Reddy)
18.08.2011
1 issue framed by the court
Whether the appeal filed against a declaration of ownership decree can be disposed of by compromise reached during pendency.
Appellants-Defendants 2 to 6
Respondent-Plaintiffs 2 & 3
A. Gopal Reddy
K.S. Appa Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
