This is an appeal against the dismissal of an application to set aside a decree. The High Court allowed the appeal after noting that the parties had reached a compromise outside court, which the trial court was directed to record.
The compromise arrived at between the parties is to be recorded by the trial court, and the suit disposed of accordingly.
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.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MONDAY, THE TWENTY SIXTH DAY OF SEPTEIMBER TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE JUSTICE G SRI DEVI
AND
THE HONOURABLE SMT JUSTICE M.G.PRIYADARSINI
C.M.A. NO: 113 OF 2019
Appeal under Section'104 Rl/w- Order 43 of CPC 1 908 aggrieved by the order in lA No.233 o'f 2013 in OS No.71 of 2008 dated 2611012018 on the file of the Court of the lll Additional District Judge, Ranga Reddy District at L.B.Nagar.
Between:
...APPELLANTS/ PETITIONERS/ DEFENDANTS NO.1,2 & 5
AND
...RESPONDENTS/ RESPONDENTS/ DEEFNDANTS 3, 4,6 &7
For the Appellants : M/s GORANTLA SRI RANGA PUJITHA, Advocate For the Respondent No.1 : SRI K.PRADEEP REDOY, Advocate For the Respondent Nos.2 & 3 : SRI G.RAVI CHANDRASEKHAR, Advocate For the Respondent Nos.4 & 5 : NONE APPEARED
The Court delivered the following: JUDGMENT
THE HON'BLE JUSTICE G. SRI DE'I
AND
THE HON'BLE SMT. JUSTICE M.G.PRIYAI)ARSINI
C.M.A.No. 113 of 2019
JUDGMENT: (Per Hon'bte Justice G. Sridevi)
tn Aggrieved by the order, dated 26.10.2)lB passed LA.No.233 of 7013 in O.S.No.71 of 2008 on the file of the lll Additionat District Judge, Ranga Reddy District at L.B.Nagar, the present appeal is fited by the appetlants, who are defendant Nos.'1 , 2 and 5 in the said suit. By the impugned order, the trial Court has dismissed the apptication fited by the appeilants to set aside the decree daLed22.07.2013 passed agairrst them.
l
Cnra 113 2019
GSD. J and lvlGl']. J
tria[ Court in O.S.No.71 of 2008, both the parties are directed to appearpersonalty before the triaI Court on or before 17.10.2022 for fiting appropriate apptication to record the compromise in the said suit, atong with the terms of compromise. On such appearance, atong with appropriate application, the trial Court sha[[ record the compromise and dispose of the suit in accordance with law in terms of the compromise, arrived at between the parties.
ln such circumstances, the order passed by the lll Additionat District Judge, Ranga Reddy District at L.B.Nagar, dared 26.10.2018 in LA.No.733 0f 2013 in O.S.No.7'l of 2008 is hereby set aside.
The C.M.A. is altowed as indicated above. No costs.
Miscettaneous petitions, if any pending, shat[ stand ctosed.
Sd/.K.SRINIVASARAO JOINT REGIST
/ffRUE COPY//
SECTION OFFICER
<br>
To
HIGH COURT
DATED:2610912022
JUDGMEN
CMA.No.1 13 ot 2019
ALLOWING CMA WITHOUT COSTS.
@
1 issue framed by the court
Whether the appeal filed against the dismissal of a default application to set aside a decree should be allowed in light of a post-filing compromise between the parties.
1 provisions across 1 enactments
Seelam Raji Reddy
Seelam Jagadeeshwar Reddy
Smt. S. Satyavathi
Smt J.Mamatha
Smt Narayana Rajani
Smt. V. Padma
G Sridevi
M.G.Priyadarsini
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
