Matters taken up for a second appeal where parties filed a memorandum of compromise. The court recorded the settlement after verifying its voluntary nature and disposed of the appeal in terms of the compromise.
Second appeal disposed of in terms of the compromise by setting aside the decree and judgment of the court below.
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THE HON’BLE SRI JUSTICE M.SEETHARAMA MURTI
SAMP.No.1926 of 2015
in/And
SA.No.384 of 2002
JUDGMENT:
This Second Appeal under Section 100 of the Code of Civil Procedure, 1908 is filed by the appellants/defendants assailing the decree and judgment dated 01.03.2002 of the learned Principal District Judge, Medak at Sangareddy passed in AS.No.9 of 1996. The learned Principal District Judge, while allowing the said appeal, had set aside the decree and judgment dated 31.03.1994 of the learned Subordinate Judge at Siddipet passed in OS.No.18 of 1994.
2. SAMP.No.1926 of 2015 is filed by both the parties along with the memorandum of compromise praying to record the compromise entered into between the parties and to dispose of the second appeal in terms of the compromise.
3. When the matter is taken up for hearing, the learned counsel for both the parties have stated that the parties i.e., the appellants 1, 3 and 4 and the respondents 1 and 2 have amicably settled the matter outside the Court and that the terms of compromise are reduced into writing and a memorandum of compromise with the said terms is filed along with SAMP.No.1926 of 2015 and that, therefore, the second appeal may be disposed of in terms of compromise.
4. The appellants 1,3 and 4 and the respondents 1 and 2 are present before this Court today. They are identified by their respective counsel. They have also produced copies of documents showing their identities. When examined by the Court, they have stated that they have entered into compromise voluntarily with free will and consent and without any pressure from any quarter.
5. Since this Court is satisfied that the compromise was entered into by both
the parties with free will and consent and without any pressure from any quarter and since the parties have admitted the terms of compromise before this Court, the compromise is recorded.
6. Accordingly, SAMP.No.1926 of 2015 is allowed and the Second Appeal is disposed of in terms of compromise by setting aside the decree and judgment of the Court below whereby the decree and judgment of the trial Court are set aside. The memorandum of compromise shall form part of the decree.
Miscellaneous petitions, pending if any, in this appeal shall stand closed.
M. SEETHARAMA MURTI, J
08.10.2015
Vjl
Appellants 1, 3 and 4
Respondents 1 and 2
M. Seetharama Murti
As recorded by the court registry
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