Common order recording a compromise in appeals. The registered Will (Doc No.5/82, dated 25.02.1982) is declared not applicable/inoperative regarding bequests and not binding on parties. Pending petitions are closed.
Compromise recorded; Will declared not binding/inoperative on parties; appeals closed.
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THE HON’BLE SRI JUSTICE D.V.S.S.SOMAYAJULU
CCCA MP No.623 of 2017 in/and CCCA No.220 of 2002 and CCCA No.98 of 2002
COMMON ORDER:
All the parties to the compromise are present in the Court and produced their respective identity proofs. They were all identified personally by the learned counsel appearing for them. All of them agreed that out of their own free will and volition, they have entered into the compromise and that the terms of the compromise were entered into after a thorough understanding of the terms. They vouched for the contents of the compromise.
Hence, the compromise is recorded as per the terms of the memo except for the fact that in view of the compromise, the registered Will vide document No.5/82, dated 25.02.1982, is held to be not binding on the parties and the parties agree that the bequests in the Will are not binding on them. Hence, the Will is declared to be not applicable and inoperative as far as the bequests therein are concerned.
The compromise is recorded in the presence of all the parties and the Registry is directed to include the memo of compromise as a part of the order that is passed by this Court.
Hence, CCCA MP No.623 of 2017 is ordered and the appeals are closed as compromised. The memo of compromise
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shall form a part and parcel of the order and the parties are at liberty to approach the Sub-Registrar’s Office in case any of the terms of the compromise require registration. The copy of the order passed along with the terms of the compromise should be forwarded to the Sub-Registrar’s Office concerned for doing needful.
Miscellaneous petitions, if any, pending in these appeals
shall stand closed. There shall be no order as to costs.
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D.V.S.S.SOMAYAJULU,J
Dt:13.11.2017
kdl
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D.V.S.S.Somayajulu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
