The court recorded a compromise between the parties exercised under Order XXIII Rule 3 CrPC, found it voluntary and non-collusive, and disposed of the two appeals in accordance with the terms of the compromise.
Disposal of A.S.M.P. No.1981 of 2015 and A.S. No.323 of 2009 in terms of the compromise.
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.
HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY A.S. M.P. No.1981 OF 2015
AND
A.S. No.323 OF 2009
COMMON JUDGMENT:
Both the parties i.e., 7th defendant-appellant and plaintiff-1st respondent, as defendants 1 to 6, who are respondents 2 to 7 herein, are not necessary parties, are present and they are identified by their respective counsel. The terms and conditions of the memorandum of compromise are read over to the parties in telugu and they admitted the same to be true and correct. Hence, I find that the compromise entered by both the parties is not collusive and it is voluntary.
In view of the compromise arrived between the parties, I find that it is a fit case to record compromise by exercising power under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. Accordingly, A.S.M.P. No.1981 of 2015 is ordered.
In view of the orders passed in A.S.M.P. No.1981 of 2015, the Appeal Suit is disposed of in terms of the memorandum of compromise. However, Registry is directed to annex a copy of the terms and conditions of compromise to this order.
In consequence, miscellaneous petitions, if any, pending in this Appeal, shall stand disposed of. No order as to costs.
_____________________________ M. SATYANARAYANA MURTHY, J
Date: 10-09-2015. Dsh
HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY
86
11092015
A.S. M.P. No.1981 OF 2015
AND
A.S. No.323 OF 2009
Date.10-09-2015
DSH
2 issues framed by the court
Whether the compromise entered by the parties is voluntary and non-collusive.
Whether the compromise is a fit case to be recorded under Order XXIII Rule 3 of the Code of Civil Procedure, 1908
1 provisions across 1 enactments
M. SATYANARAYANA MURTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
