Court disposed of an appeal arising from a joint family property suit by recording a filed memorandum of compromise, allowing the appeal, and directing the registry to draft a decree terms thereof.
Appeal allowed; directions to draft decree per compromise; vacata interim order; CM.P. disposed of as infructuous.
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THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY
A.S.M.P.No.1727 of 2014 in/and A.S.No.1668 of 2001
Dated: 17.09.2014
Between:
Kotagiri Surya Anita Devi and another
.. Appellants and Kotagiri Madhava Rao (died) and others.
.. Respondents
Counsel for the appellants: Mr. Sabbineni Venugopal Counsel for Respondents: Mr. K. Ranga Rao
The Court made the following:
ORDER:
The appeal arises out of judgment and decree dated 12.03.2001 in O.S.No.118 of 1992 on the file of the learned Senior Civil Judge, Nuzvid.
The appellants as well as the respondents filed A.S.M.P.No.1727 of 2014 seeking to record the terms of compromise entered between them and pass a decree in terms thereof in the appeal. The memorandum of compromise signed by both parties and their counsel has been filed.
Under the memorandum of compromise, the parties have agreed to allotment of the properties as shown in schedules ‘A’ to ‘D’.
At the hearing, both the appellants and the respondents are personally present. They have informed the Court that they have executed the memorandum of compromise out of their free will and consent.
In view of the settlement between the parties through the above-mentioned memorandum of compromise, the appeal is disposed of with the direction to the Registry to draft decree in terms of the memorandum of compromise. A.S.M.P.No.1727 of 2014 accordingly stands allowed.
As a sequel to the disposal of the appeal, interim order dated 27.11.2002 stands vacated and C.M.P.No.22728 of 2002 shall stand
disposed of as infructuous.
_________________________ C.V. NAGARJUNA REDDY, J 17th September, 2014 IBL
Kotagiri Surya Anita Devi
Kotagiri Madhava Rao (died)
C. V. Nagarjuna Reddy
As recorded by the court registry
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