Disposed

Guvvala Konda Reddy Education Society v. Smt. Asia Sultana

Telangana HC11 Sept 2014CC/1237/2014

Case brief

AI extract

What is this about?

The court disposed of two appeals and contempt cases based on a compromise memorandum. Vacant possession was delivered to the plaintiff, pending a final execution schedule. Further remedies were struck out as infructuous.

What did the court decide?

Common decree drafted based on the memorandum of compromise; appeals and contempt cases disposed of; ancillary applications struck out.

Guvvala Konda Reddy Education Society Vs Smt. Asia… — Property and Title | Telangana HC (2014)

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HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY A.S.No.361 & 362 of 2014

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C.C.Nos.1237 & 1238 of 2014

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Date : 11-9-2014

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A.S.No.361 of 2014

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Between : Guvvala Konda Reddy Education Society, Represented by its President Sri Guvvala Konda Reddy .. Appellant

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And Smt. Asia Sultana and others .. Respondents

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Counsel for appellant : Sri Posani Venkateswarlu Counsel for respondent No.1 : Sri K.K. Chakravarthy

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The Court made the following :

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COMMON ORDER:

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Since the parties are common in all these cases, they are heard and being disposed of together.

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A.S.No.361 of 2014 is filed against Judgment and decree dated 1-5-2014 in O.S.No.106 of 2012 on the file of the learned IV Additional District Judge, Guntur. The said suit filed by one Asia Sultana against Guvvala Konda Reddy Educational Society for its eviction from the suit schedule premises, was decreed by the Court below by the above mentioned Judgment. A.S.No.362 of 2014 is filed against Judgment and decree dated 1-5-2014 in O.S.No.344 of 2012 on the file of the said Court. The said suit filed by Guvvala Konda Reddy Education Society for permanent injunction against the respondent was dismissed. C.C.Nos.1237 and 1238 of 2014 have been filed alleging disobedience of orders dated 25-7-2014 in A.S.No.362 and 361 of 2014, respectively.

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It is not necessary to recall all those events which transpired after the institution of these appeals and the contempt cases. However, the fact remains that the physical possession of the property which was delivered to

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the plaintiff in O.S.No.106 of 2012 was redelivered to defendant No.1 in the said suit i.e., the appellant No.1 in these appeals on 6-9-2014, during the pendency of these cases. Indeed, on the initiative taken by this Court, Sri Posani Venkateswarlu, learned Counsel appearing for appellants has unequivocally undertaken that his clients will deliver vacant possession of the property to the plaintiff in O.S.No.106 of 2012 on 30-4-2015 without fail. Thereafter, both the parties have settled the dispute by entering into memorandum of compromise dated 11-9-2014 filed in the appeals.

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At the hearing, it is submitted that since the plaintiff in O.S.No.106 of 2012 is a purdanashin lady, her husband i.e., Nayee-ur-Rahman Khan-respondent No.2 in the contempt cases, is acting on her behalf and he has signed the memorandum of compromise.

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In the light of the above memorandum of compromise, both the appeals and the contempt cases stand disposed of. If defendant No.1-society fails to vacate the premises and deliver vacant possession of the property to the plaintiff in O.S.No.106 of 2012 on 30-4-2015 having regard to the unequivocal undertaking given by it which is referred to above the latter is entitled to move this Court under the provisions of the Contempt of Courts Act, 1971.

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The Registry shall draft a common decree in both the appeals in terms of memorandum of compromise dated 11-

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9-2014.

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As a sequel to the disposal of the appeals and the contempt cases, C.A.No.707 of 2014 in C.C.No.1237 of 2014 and ASMP Nos.1352 and 1353 of 2014 filed in A.S.Nos.361 and 362 of 2014 respectively, are disposed of as infructuous.

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Justice C.V. Nagarjuna Reddy

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Date : 11-9-2014 AM

Guvvala Konda Reddy Education Society v. Smt. Asia Sultana

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Guvvala Konda Reddy Education Society v. Smt. Asia Sultana

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