Allowed

Smt. S.G.Ramadevi v. Smt. G.S.Sailaja

Telangana HC10 Oct 2011AS/754/2009

Case brief

AI extract

What is this about?

This court disposed of three appeals filed against a partition suit decree. The parties settled the matter amicably and filed a Memorandum of Compromise. The court allowed the compromise, disposed of the appeals, and dismissed the underlying suit, with acknowledgments attached to the decree.

What did the court decide?

ASMP No.2201/2011 allowed; appeals disposed of as per compromise; suit OS No.2/2006 dismissed; acknowledgments form part of decree.

Smt. S.G.Ramadevi Vs Smt. G.S.Sailaja — Partition | Telangana HC (2011)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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PRESENT

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HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE K.S.APPA RAO

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A.S. NO.754/2009

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and ASMP NO.2201/2011 and AS No.358/2010

DT. 10-10-2011

AS No.754/2011:

Between:

1. Smt. S. G. Ramadevi … Appellants /defendants 1 to 3

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And

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1. S. G. Sailaja and others

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… Respondents/Plaintiff and defendants.

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This Court made the following:

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HON’BLE SRI JUSTICE A.GOPAL REDDY

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AND

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HON’BLE SRI JUSTICE K.S. APPA RAO

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A.S. NO.754/2009 and ASMP NO.2201/2011 and AS No.358/2010

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COMMON JUDGMENT:

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(Per Hon’ble Sri Justice A.GOPAL REDDY)

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On decreeing the suit filed by the plaintiff who is first respondent herein for partition and separate possession of plaintiff’s 1/4^th share in the plaint ‘A’ schedule items 1 to 3 properties and 1/20^th share in the plaint ‘B’ schedule properties and for delivery of possession of the same and for future mesne profits, by the II Additional District Judge, Kurnool at Adoni in OS No.2/2006 dt. 31-8-02009, declaring that the plaintiff and the defendants 1 to 3 are entitled to 1/4^th share each in the plaint ‘A’ schedule properties and 1/20^th share each in plaint ‘B’ schedule properties; ordering partition and separate possession of their respective shares and directing an enquiry on separate proceedings as to mesne profits from defendants 2 and 3 over item No.2 and 3 of plaint ‘A’ schedule properties and from defendant No.12 over item No.1 of plaint ‘A’ schedule property and plaint ‘B’ schedule property from the date of the suit till the date of delivery of possession of the properties to the plaintiff, defendants 1 to 3 and defendant No.12 in OS No.2/2006 filed AS No.754/2009 and AS No.358/2010 before this court.

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Pending appeals, both parties entered into compromise and to that effect ASMP No.2201/2011 in AS No.754/2009 has been filed before this court to record the compromise and dispose of the

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appeals in terms of the memorandum of compromise.

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Both parties and their counsel are present before this court. The signatures of the plaintiff and defendants 1 to 3 and 12 have been identified by the respective counsel. When enquired the plaintiff and defendants 1 to 3 and 12 about the compromise, they asserted that they settled the matter amicably and had acknowledged the receipt of the amount and gold as mentioned in the acknowledgements filed along with the ASMP No.2201/2011 towards full and final settlement of their respective claims.

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In view of the same, ASMP No.2201/2011 is allowed and the appeals are disposed of in terms of the memorandum of compromise. Consequently, suit OS No.2/2006 on the file of II Additional District Judge, Kurnool, shall stand dismissed. The acknowledgments filed along with the Memorandum of Compromise shall form part of the decree. There shall be no order as to costs.

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____________________ A.GOPAL REDDY, J

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__________________ K.S.APPA RAO, J

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Dt. 10-10-2011 KMR

Smt. S.G.Ramadevi v. Smt. G.S.Sailaja

Case brief

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Smt. S.G.Ramadevi v. Smt. G.S.Sailaja

Case brief

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