Appeal and cross-objections in partition suit disposed based on compromise memorandum, deposition of Rs.9 lakhs by appellants, and personal presence of parties confirming free consent.
Appeal and cross-objections allowed; decree to be drafted per compromise; interim order vacated; C.M.P. disposed of as infructuous.
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.
THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY
A.S.M.P.No.1750 of 2014
in/and A.S.No.2152 of 2002
and
Cross-Objections (SR).No.15254 of 2003
Dated: 17.09.2014
Between:
Nidamanuri Venkaiah and others
.. Appellants and
Nidamanuri Siva Prasad
.. Respondent
Counsel for the appellants: Mr. G. Pedda Babu
Counsel for the respondent: Mr. Ravi Shankar Jandhyala
The Court made the following:
ORDER:
The appeal and the cross-objections arise out of judgment and decree dated 17.09.2002 in O.S.No.5 of 1995 (O.P.No.37 of 1989) on the file of the learned Senior Civil Judge, Addanki.
The appellants as well as the respondent filed A.S.M.P.No.1750 of 2014 seeking to record the terms of compromise entered between them and dispose of the appeal and cross-objections in terms thereof. Along with this application, the memorandum of compromise dated 15.09.2014 signed by the appellants, Smt. N. Rajya lakshmi, who is stated to be the mother and Special Power Attorney holder of the respondent, and both the counsel for the parties has been filed.
At the hearing, the appellants and the mother of the respondent are personally present. They have informed the Court that they have entered into the memorandum of compromise out of their free will and consent and they have requested for disposal of the appeal and crossobjections in terms thereof.
Mr. G. Pedda Babu, learned counsel for the appellants, has handed over a sum of Rs.9.00 lakhs by way of demand draft bearing No.22152 dated 15.09.2014 drawn on ICICI Bank, Himayatnagar Branch, Hyderabad, to Mr. Ravishankar Jandhyala, learned counsel for the respondent, in the presence of the parties, towards full and final settlement of the latter’s claim in the suit property, in terms of clause 7 of the memorandum of compromise.
In the light of the above, the appeal and the cross-objections stand disposed of with the direction to the Registry to draft the decree therein, based on the terms of the memorandum of compromise. A.S.M.P.No.1750 of 2014 accordingly stands allowed.
As a sequel to the disposal of the appeal, interim order dated 03.02.2003 stands vacated and C.M.P.No.1929 of 2003 shall stand disposed of as infructuous.
_________________________ C.V. NAGARJUNA REDDY, J 17th September, 2014 IBL
Nidamanuri Venkaiah
Nidamanuri Siva Prasad
Nidamanuri Siva Prasad
N. Rajya Lakshmi
C.V. Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
