The court allowed a sample appeal to add legal representatives and disposed of the second appeal in terms of a compromise deed recorded between the parties.
Second appeal disposed of in terms of compromise deed; parties to bear their own costs.
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 JUDICATURE ANDHRA PRADESH AT HYDERABAD
FRIDAY THE EIGHTH DAY OF JULY TWO THOUSAND AND ELEVEN
PRESENT
THE HONOURABLE SRI JUSTICE R. KANTHA RAO
SECOND APPEAL No. 978 OF 2006.
Between: Kummari Sreenivasulu … Appellant-Plaintiff V/s. Kummari Buchaiah & 2-Ors. … Respondents-Defendants Counsel for the Appellant : Sri D.Ramalingaswamy Counsel for the Respondents : Sri D.V.Vivekananda Patnaik
The Court made the following : ( Judgment follows next page).
THE HONOURABLE SRI JUSTICE R. KANTHA RAO
SAMP.No. 2035 of 2010 SAMP.No. 1585 of 2011 AND SECOND APPEAL No. 978 OF 2006
JUDGMENT :
This second appeal is filed against the judgment and decree
dated 12-07-2006 passed in AS.No. 80 of 2002 by the First Additional District Judge, Mahboobnagar, confirming the judgment and decree dated 26-9-2002 passed in OS.No. 30 of 1996 by the Junior Civil Judge,
Shadnagar.
2. Heard the learned counsel for the petitioner-appellant and the
learned counsel for the respondents.
3. SAMP.No. 2035 of 2010 is filed seeking to bring the proposed Respondents 4 to 7 as the legal representatives of the deceased third respondent as respondent Nos. 4 to 7 in the second appeal.
4. SAMP.No. 2035 of 2010 is allowed.
5. SAMP.No. 1585 of 2011 is filed seeking to record the terms of
the compromise deed and to dispose of the second appeal in terms of
compromise deed directing all parties to bear their own costs throughout.
6. SAMP.No. 1585 of 2011 is accordingly allowed.
7. The parties to the compromise and their respective counsel are
present. The proposed respondent No.7 is given up. The terms of the
compromise have been read over and explained to the parties and they
agreed that a decree can be passed in terms of compromise. Therefore,
the decree is hereby passed in terms of the compromise deed and the
second appeal is disposed of in terms of compromise. The parties to the
compromise shall bear their own costs.
________________________ JUSTICE R. KANTHA RAO
08-07-2011 I s L
THE HONOURABLE SRI JUSTICE R. KANTHA RAO
SECOND APPEAL No. 978 OF 2006
CIRCULATION No. 82 Date:08-07-2011 Court Master: I s L Computer No. 43
Kummari Sreenivasulu
Kummari Buchaiah & 2-Ors.
R. KANTHA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
