Disposed

Goli Suresh v. Goli Anjaiah

Telangana HC11 Aug 2023CCCA/232/2018

Case brief

AI extract

What is this about?

The appeal under Section 96 CPC against a decree cancelling a gift settlement deed was disposed of by a compromise decree, recording the parties' settlement and allotting specific portions of the suit property.

What did the court decide?

The appeal was disposed of in terms of the Memorandum of Compromise, and the suit was decreed accordingly, with the property portions allotted as per the compromise.

Goli Suresh Vs Goli Anjaiah — Property and Title | Telangana HC (2023)

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[^32s8 I

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IN THE HIGH COURT^{FORTHE STATE OF TELANGANA} AT HYDERABAD

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FRIDAY, THE ELEVENTH^{DAY OF} AUqJST TWO THOUSAND AND^{TWENTY THRtr}

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PRESENT

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THE HONOURABLE SRI JUSTICE SAMBASIVARAO^NAIDU

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|.A.NO.1 0F 2023

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IN/AND

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CITY CIVIL COURT APPEAL^NO: 232OF 2018

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Appeal filed under Section 96 of Civil Procedure^{Codeagainstthe} Judgment and Decree dated 31-01-2018^passed in O.S.^{NO. 142 of 2009,onthe} file of the Court of the Xtl Additional Chief Judge, City Civil Courts,^at Secunderabad.

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Between

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.|;

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Goli Suresh, S/o. late Sri Goli Anjaiah, Hindu, aged about 67^years, Occupation: Business, R/o. 2nd Floor, H.No- 6-6459/1, Gandhinagar, secunderabad

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...A''ELLANT/DEFENDANT No.1

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AND

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Goli Anjaiah, S/o. Goli Ellaiah, RJo H.No€4{59/1, Gandhinagar, Secunderabad (died per LRs i-e. AppellanUDef.No.'l Respondents/Plaintiff No.2 and Def . Nos. 2 lo 4)

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Goli Satish. S/o. late Sri Goli Anjaiah, Hindu, aged about 73 years, Occupation- Household, R/o.H,No-6S459/1, Gandhinagar, Secunderabad

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...RESPONDENTS/PLAINTIFFS

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Smt. Shobha Boji, W/o. Dr. Gunde Rao Bhoji & D/o late Sri Goli Anjaiah, Hindu, aged about 69 years, Occupation-Housewife, F/o. Kiran Enclave, Secunderabad.

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Smt. Thatikonda Sandhya, Wo Dr. T. Ramesh, Hindu,aged about 68 years, Occupation- Housewife, R/o.Sandhya TAtikonda 7213, Terragar BLUD Missisaguga, ONLSNLS, CANADA.

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Smt. Madam Shanti, W/o. M. Venkateshwarlu, Hindu, aged about 60 years, Occupation: Housewife, R/o. H-No- 16-2-8361211, L.l.C.Colony, Madhavanagar, Saidabad Colony, Hyderabad

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-.RESPONDENTS/DEFENDANTS No.2 to 4

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iAl{Al*af.?:a1i'

iciiLri-rr^,-;u'ui Svuiiu:l 151 ui:.- piayirrg lhar ir i.;te .;i,i.::._:;;;:;:a:i.:ie; rr :h+ effIl3yit fi etl in suppc.l cf the ret:ticn. the H:g\ {:c,:,.:^-::,. b. it.rr:.3t t, pass orders suslrendang the operation of Judgment ard decree.dated.3l-01-20't8 passed in O.S NO.142 of 2009 by the Xll Additionat Chie' Jr-dge, City Civil Court, Secunder rad till the disposal of the present appeal.

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lA NO: 1 OF 202t

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Between:

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Goli Sure:;h, S/o. late Sri Goli Anjaiah, Hindu, agec atlout 67 years, Occupatior r-Business, R/o. 2nd Floor, H.No. 6-6-459/1, Gandhinagar, Secunderabad

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...APPl:LLAt\ T,DE I:EN DANT No.1

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AND

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Goli Aniaiah, S/o. Goli Ellaiah, Rt/o H.No-6S-459/'r , Ganr!h nagar, Secundera cad (died pei LRs i.e AppelanUDef.No.1 Resp,oi'rderrts/Plaintiff No.2 and t,el. Nos.2 to 4)

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Goli Satish, S/o. late Sri Goli fujaiah, Hindu, agec about 7i) years, Occupatior - Household, Ryo.H.N0€{-459/1, Gardhinagrar, Secunderabad

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...Rt :SPOt\ Dr:N-l S/PLAINTIFFS

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3- Smt. Shoblla Boji, W/O. Sri Dr. Gunde Rao Bhoji & D/o Lrte,Sri Goli Anjaiah, Hindu, age J about 69 years, Occupation-Housewife, fuo. h.irar, Enclave, Secundera:ad.

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Smt. Thatil onda Sandhya, Wo Dr. T. Ramesh, Hindu,agrecl abcut 68^years, Occupatior - Housewife, CANADA.

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Smt. Madar Shanti, Wo. M. Venkateshwarlu, Hir du, aged about 60^years, Occupatior - Housewife, Rl/o. H.No- 16-2-8361211, L.l.C.(:olony Madhavan; rgar, Saidabad Colony, Hyderbad

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(Responde nts 3 to 5 are not necessary parties n this l./.)

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...RESPONDENT S/DEF Etl DA NTS No.2 to 4

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Petition ur der Section 1 51 CPC praying that irr the^{(;iroumstances} stated in the affidavit fil -.d in support of the petition, the Higr Cour t rnay be pleased to pass orders pern itting the Appellant and respondent t() enter irrto the Settlement.

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Counsel for the r\ppellant: SRI Y. ASHOK RAJ

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Counsel for Respondent No.2: SRI S. SRIDHAR

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The Court delive'ed the following: COMMON JUDGMENT

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THE HONOURABLE SRI JUSTICD SAMBASIVA RAO NAIDU

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I.A.NO.1 0F 2023 IN/AND c.c.c.A.No.232 0F 2018

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COMMON JUDGMEITT :

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This appeal, under Section 96 of Code ol Civil Procedure, 1908. (for short C.P.C), is filed by the appellant/defendant No.1 aggrieved by the judgment and decree dated 3 1 .0 I .2018 passed in O.S.No. 142 of 2OO9 by the learned XII Additional Chief Judge, City Civil Court, Secunderabad, whereby, the subject Suit hled by the respondents/plaintiffs for cancellation of registered gift settlement deed document No.874 of 2OO7 dated 11.05.2007 executed by respondent No. 1/plaintiff No.1 in lavour of the appellant/defendant No.1, was decreed.

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I.A.No. 1 of 2023 is filed by the appellant/defendant No.1 to record compromise and dispose of the appeal in terms of the Mernorandum of Compromise, dated O2.O8.2O23, entered into between the parties, which is annexed to the application.

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Heard. Perused the record.

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4.' Both the parties are present in-person before this Court and they are identified by their respective counsel. All the

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par-Lies it pritrcrple have agreeci to ciispose of r.hc ;pp:a1 in terms of the Memorandum of Compromise, dated O2.O8.2C,23,. entered into between the parties.

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In'riew of the same, I.A.No. I of 2{t23 is allo'ved and the appeal IS di sposed of in terms of the lV.e;rro :andum of Compromise, dated O2.O8.2O23, and the s-rt)je(:t Suit in O.S.No.142 of 2OO9 is, accordingly, decreed in tt:rrns of the said Memorandum cf Compromise, dated O2.Oa.2O23.

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Reg istry is directed to annex the Nlemorandum of Compromise, d ated 02.O8.2O23, to the present order.

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Miscellaneous Petitions, if any, pendinll in this appeal shall stand closed. llhere shall be no order as to cc)sts.

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SO/. B.S.CHIRANJEEVI .IOIIIT REGISTRAR //TRUE COPY' (lD

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TiECTION OFFICER

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To,

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1 The XIIAd litional Chief Judge, City Civil Court, a: Secundr-,rabad. (with records ) 2. One CC to Sri y. Ashok Raj, Advocate [OpUC] 3. One CC to Mr. S. Sridhar, Advocate tOpUCl

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Two CD Copies

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(along with the copy of memorandum of comprom se) plp TJ

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: HIGH COURT

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coMMoN JUDI^{jNIENT+DECREE} |.ANO.1 0F 20::3 IN/AND CCCA.No.232 <,f 2018

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ALLOWNG TI. E APPLICATION AND DISPOSIIIG THE APPEAL IN TERMS OF COMPROTV ISE

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MEMORANDUM OF COMPRAMISE FILED UNDER ORDER 23 RULE 3 RYW SEC. 151 CIVIL PROCEDURE CODE

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IN THE HIGH COURT OF ]UDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE SIATE OF ANDHRA PRADESH

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C.C.C.A NO:

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232 oF 201B

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Between: -

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Goli Suresh S/o. late Sri Goli Anjaiah Hindu, aged about 67 years, Occupation: Business, Rl/o. 2d Floor, H.No: 6{-459l1, Gandhinagar, Secunderabad. ... APPELLANI/DEFENDANT NO. 1

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AND

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Goli Anjaiah, S/o. Goli Ellaiah, R/o. H.No: 6{45911, Gandhinagar, Secunderabad. (died per LRs i.e Appellant/Defendant No.1/Def.No.1 Respondents/Plaintiff No.2 & Def. Nos. 2 to 4).

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Goli Satish S/o. late Sri Goli Anjaiah Hindu, aged about 73 years, Occupation: Household, R/o.H.No: 6-6459 I t, Gandhinagar, Secunderabad.

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... RESPONDENTS/PLAIIINFFS

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Smt. Shobha Boji, Wo. Sri Dr. Gunde Rao Bhoji & D/o late Sri Goli Anjaiah, Hindu, aged about 69^years, Occupation : Housewife,

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Rt/o. Kiran Enclave, Secunderabad.

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Smt. Thatikonda Sandhya w/o Dr. T. Rarnesh, Hindu, aged about 68 years, Occupation: Housewife, R:,/o. Canada.

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Smt. Madam Shanti Wo. M. Venkateshwarlu Hindu, aged about 60 years, Occupation: Housewife, R/o. H.No: 16-2-836|21 1, L.I.C.Colony, Madhavanagar, Saidabad Colony,

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I Hvderbad. .. RESPONDENTSiDEFENDANTS NO. 2 tO 4RESPONDENTSiDEFENDANTS NO. 2 tO 42 tO 4tO 44 Vrgp^e g * { A"<-nn> actcn A^vb i-,6^?,/l)

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.. RESPONDENTSiDEFENDANTS NO. 2 tO 4RESPONDENTSiDEFENDANTS NO. 2 tO 42 tO 4tO 44

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'iii;-,eites i"Ie A;peiianiT Defei'rdant f{o. i herean beirrg aggri(:ve(r by tne Judgment and Decree Dt: 31-01-2018 passed by the Hontle XII Adlitional^(lhief Judge Court, City Civil Courts, Secunderabad^prefened the above appeal which is^posted under caption of final hearing.

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As the matter stood in this passion as the Appellantl'D:fendant No.land the Respondent/Plaintiff I\o. 2 being the natural brothers, having attainec sufficient age and so as to put an end t( the litigation in respect of the Schedule House F'roperty i.e., all that House Propefi consi ;ting Ground plus Two (2) Upper floors b,la^-ing premises No. 6-6459/1 Adm. 111.11 Sq. Yards situated at Gandhinagar, Ser:underabad and to give authenticity to the R€gd. Will Deed bearing Doc. No. 51/;1002, Dt', 29-07-2002, executed by their father Sri Goli Anjaiah, who died on 12-08-201: k:aving behind the Appellant/Defendant r,lo.1 and Respondent No.2 herein as only B3neFiciaries of the said Regd. Will, with the lonsent and No Objection of Respc,ndent;/t)ef€ ndants No. 2 to 4, setued amicably the r;ubject dispute so as to maintain cordial n:latiorship amongst them and their family memlrcrs entered into a settlement on the followinr; terms and conditions.

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NOW THIS DEED OF MEMORANDUM OF TERTiIS OF !;ETTLET'IEI\IT WITHNESSETH AS FOLLOWS:

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In pursuance of the settlement arrived between the parties, the Appel ant/Defendant No.1 namely Sri Goli Suresh S/o. Goli Anjaiah is hereby settled and allolted with all that NorthEast Corner Two (2 Mulgies/Shops of size 9.4 X 15'.(l and, 9.6 .( 15'.0 each, in all admeasuring 9.4 X 15'.0 and 9.6 X 15'.0 Sq. ftet, bearing Municrpal Nos. 6{-45911 situated in the Ground Floor of the Schedule House Property, which is clearly described in the Schedule-I herer nder and more fully marked in RED COLC R in t he Plan annexed to this terms of Compr cmise and from this day onwards, he shall be the sole, absolute, exclusive owner possessor and enjoyer of the same and he shall hav,: every right to deal with the same in wtralsoever manner he desires including all sc,rts of conveyances like Sales, Gifts, Mortgagrs etc., and the RespondenVPlaintiff No.2 narnel/ Sri Goli Satish S/o. Goli Anjaiah and Res pondents/Defendants No. 2 to 4 or any person or persons claiming

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9,1-E-t!?q?=-1r:--

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through them or on their behalf shall not have any right, objection or claim over the same or such type of transaction.

Likewise, the AppellanflDefendant No.1 herein namely Goli Suresh S/. Goli Anjaiah is hereby allotted with the entire Second Floor consisting Two bedroorns, Uving Hall, Two Kitchen, W.C & bath, with a total plinth area admeasuring 880 Sq. Feet including common areas which is clearly described in the Schedule-Il hereunder and more fully marked in RED COLOR in the Plan annexed to this terms of Compromise and from this day onwards, he shall be the sole, absolute, exclusive owner possessor and enjoyer of the same and he shall have every right to deal with the same in whatsoever manner desires including all sorts of conveyances like Sa les, Gifts, Mortgages etc., and the Respondent No.2 namely Sri Goli Satish S/. Goli Anjaiah and Respondents/Defendants No. 2 to 4 or any^person or persons claiming through them or on their behalf shall not have any right, objection or claim over the same or such type of transaction.

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Whereas, the Responden(Plaintiff No.2 herein namely, Goli Satish S/o. Goli Anjaiah, is hereby allotted with all that SOUTH-EASTERN side Two (2) Mulgies/Shops of size 9.7 X 15'.0, 7.9 X 7'.0 each in all admeasuring 9.7 X I5'.0, 7.9 X 7'.0 &. Feet, bearing Municipal Nos. 6-6-459/1 situated in the Ground Floor of the Schedule House Property, which is clearly described in the Schedule-Ill hereunder and more fully marked in GREEN COLOR ,n the Plan annexed to this terms of Compromise and from this day onwards, he shall be the sole, absolute, excluslve owner^possessor and enjoyer of the same and he shall have every right to deal with the same in whatsoever manner desires including all sorts of conveyances like Sales, Gifts, Mortgages etc., and the AppellanltDefendant No.lnamely Sri Goli Suresh S/o. Goli Anjaiah and Respondents/Defendants No. 2 to 4 or any person or persons claiming through them or on their behalf shall not have any right, objection or claim over the same or such type of transaction.

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Likewise, the RespondenflPlaintiff No.2 herein namely, Sri Goli Satish S/o. Goli Anjaiah hereby settled and allotted with all that entire FIRST FLOOR consisting TWo bed rooms, v .N ,.,'-.

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Hait, Kitchen, W.C. & batn, with a totai plilrtrr area admeasurirrg iii;0 Sq. Feet including the common areas forming part of the Schedule Property which is cleariy described in the Schedule-IV hereunder and more fully marked in GREEN COLOfl. in the Plan annexed to this terms of Comprc mise and from this day onwards, he she ll be the sole, absolute, exclusive owner^poss€ ssor and enjoyer of the same and he shali have every right to deal with the same in wha soever manner desires including all sorts of :on'/eyances like Sales, Gifts, Mortgages etc., and the AppellanflDefendant No.1 namely Sri Goli Suresh S/o, Goli Anjaiah and Respon( ents/Defendants No. 2 to 4 or any person cr persons clalming through them or on tlreir behatf shall not have any right, c,bjectk)n or r:laim over the same or such type of transa ction.

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It is settled between the parties that, as the Appellanvt)efendarrt No.l/Defendant No.1 namely Goli Suresh :;/. . Goli Anjaiah, out of his own funds, corrstructed 2 rooms with Asbestos roof and pl. stic sheets covering the terrace (III floor) which is in his occupation and enjoyment and il shall be for himself and for his family exclu:;ive use and enjoyment without hindrance or objection or claim over the same frc,m the Rssp{lndenvPlaintiff No.2 Sri Goli Satish or any person or persons claiming through lrim or or his behalf.

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6 It is further settled l)etween the parties that, as one of the tllulgi/S;hop of Schedule-Ill property allotted to tre RespondenflPlaintiff No.2 namely Sri Gcli Satish is of smaller than that of the remaining Three (3) Mulgies in the Ground Flo()r app()rtionr:d as Schedule-I and Schedule-Ill properti)s, the AppellanvDefendant No.lnan)ely G()li Suresh S/o. Goli Anjaiah agreed that the Rest ondenVPlaintiff No.2 namely Sri Goli Satistr shall have exclusive right and ownership over lhe terrace and the RespondenvPlaintiff No. 2 n :mely Sri Goli Satish shall have every rigt t to construcvraise structures over^'-he ex st ng terrace (UI Floor) at any time by laying R C.C Slab over the III Floor and the /\ppella nt/Defendant No.1 namely Goli Suresh S/o. Go i Anjaiah or any person or persons claim ntl through him or on his behalf shall not obje{t for the same.

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7 It is settled between the parties that, there is a parking area in the Ground Floor to^park Scooters and the same shall be used by both the parties in commonly and shall be shared @ of^50%:50o/o, l-.,,^{'-.--.',:ti':-i..,;':} Ji^i=:,;:l:-.,.

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B It is settled between the parties that, from this day onwards, they shall be the absolute, exclusive possessors and enjoyers of the properties hereby allotted to them and by virtue of this Deed of Settlement, they shall HAVE AND HOLD the same as absolute and exclusive owners without intervention of each other by themselves or by any^persons claiming through them or on their behalf in the^properties hereby allotted to the^parties herein respectively.

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9 Both the Parties agreed maintenance of the Schedule House Property like colouring, repairs to the Property as and when required and for amenities etc., shall be Shared Equally at the ration of 600/o:400/o without inviting any sod of objection or raising any dispute and in he event of arising the same the aggrieved^party shall have every right to approach forum for reddressal of such disputes.

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It is settled between the Parties that Stair C-ase of the Building shall be used in common by both the Parties along with all Common Amenities without settin up any soft of exclusive Claim or right of whaEoever nature.

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Both the paties agreed to get their names assessed to Property Tax in respect of the allotted properties by way of mutation in the concern Municipal Records by extending cooperation amongst each other, if necessary by executing NOCS, Affidavits and Declarations etc.,

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LL. It is agreed and settled betlveen the pafties that, in the event of either of the^pa rties to this DEED OF SETTLEMENT intends to sell the properties hereby allotted to them, such intending pafty should give First preference to the other paty to this Memorandum of Compromise as per the prevailing Open Market Value as on that day and on his failure, the

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intending party shaii lave eveiy iigiit to i,eii i'iis iespecii'e^proi)ei-ii+; either whole or in part to.the prospectiv{: purchasers as per the prevailing market v.rlue a1i on that day.

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SCHEDUOLE HOUSE PROPERTY

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All that House Property consisting of 4 Mulgies in the Grlund, 1'' and 2nd Upper Floors, constructed on open Plot No. 59/C, bearing Municipal No. 6-6-159/1, in all admeasuring 111:11 Sq. Yards, situ eted at Gandhinagar, Secunderabad, is bourld3d on:

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North Neighbour House No: 6{-459 South 2 )'.0 feet wide Road East 2 5'.0 feet wide Road West Neighbour House No. 6-6460

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SCHEDULE OF PROPERTY-I (ALLOTTED TO GOLI SURESH i.e APPELLAN-I'/DEFEI{DANT NO.1)

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All that North-Easteff side Mulgies/Shops of Size 9.6 X 15'.0 At\lD 9.,+ X 15'.0 each in all admeasuring 9.6 X 15' .0 AND 9.4 X 15'.0 Sq. Feet, b€,aring Municipal Nos. 6-6459/1 situated on the, in the GROUND FLOOR the property bearing Muricipal No. 66-459/1, in Plot No. 59/C, admea ;uring 111. 11 Sq. Yards or 92.90 Sq. Meterr;, s br:unded on:

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North It eighbour House No: 6-6-459 South Schedule-Ill Mulgies Allotted to Goli Satish. EaSt 25'.0 feet wide Road West It eighbour House No. 6-6460

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SCHEDULE OF PROPERTY-IT (ALIOTTEE,TO GOLI SURESH i.e APPELLAN T/DEI:EIVD/INT NO.1)

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All that SECOND FL()OR consisting Two bed rooms, Livi'rg Hal, Two Kitchens, W.C and bath with a total plinth area admeasurinq BB0 Sq. Feet including the common area along wtth 2 rooms of asb( stos roof and plastic sheets coverinq the ter"c€ forming part of the

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tx, {,r" l-,#z

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Schedule Property bearing Municipal No. 6-6459/1, in Plot No. 59/C, admeasuring 111.11 Sq. Yards or 92.90 Sq. Meters situated at Gandhinagar, Secunderabad, is bounded on:

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North : Neighbour House No: 6{-459 South : Open to Sky. East : Open to Sky. West : Neighbour House No. 6-6460

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SCHEDULE OF PROPERTY-IU (ALIOTTED TO GOLI SATISH RESPONDENT/PTAINTIFF NO.2)

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All that South-Eastern side TWO⁽²⁾ Mulgies/Shops of size 9.7 X 15'.0 AND 7.9 X7'.0 each bearing Municipal Nos. 6-6-45911/A situated on the, in the A GROUND R-OOn bearing Municipal No. 6{-45911, in Plot No. 59/C, in all admeasuring 111.11 Sq. Yards or 92.90 Sq. Meters situated at Gandhinagar, Secunderabad, bounded on:

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North Schedule-I Mulgies Allotted to Goli Suresh. South 20'.0 feet wide Road East 25'.0 feet wide Road West Neighbour House No. 6-6-460

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SCHEDULE OF PROPERW.IV (ALLOTTED TO GOLI SATISH RESPONDENT/PLAINTIFF NO.2)

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All that entire FIRST FLOOR consisting Two bed rooms, Hall, Kitchen, W.C and bath, with a total^plinth area admeasuring BB0 Sq. Feet including the common areas forming^part of property bearing Municipal No. 6-6-45911, in Plot No. 59/C, admeasuring 111.11 Sq. Yards or 92.90 Sq. Meters, situated at Gandhinagar, Secunderabad is bounded on:

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North : Neighbour House No: 6-6-459 South : Open to Sky. East : Open to Sky. West : Neighbour House No. 6-6460

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IN WITNESS, WHISE OF the APPELLANT/DEI:EII{DI\NT NO.1 and RESPONDENT/PLAINTIFF NO.2 have laid their hands and s(rilled their signatures to this Deed of Memora rdum of Terms of Seftlement out^rrf their 'ree will and consent, without any force, c,>ercion or undue influence on this 2d rla'7 oi August, 2023 at Secunderabad.

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Witnesses

¶149

f^A'lalr---,') A. I^{vftSft0:Arna* e} 8 Lol-^{r9O: -4,} ' ' ,^{oootf L. .g^{c' d9€qata)} O'^{'ve^r' croonf} ,.trno.6^t^tr6i.!ac.^1,,,-1_^{[, C,N"-7otr} {,soook\

¶150

(vY I'SRI^(iOLI :SURESH) APPET LANT /D,EFI:NDANT NO.1 N9, lsm^eou)srrrsny RESPO NDET{ T/' PLAINTIFF NO.2

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SCHEDULE_I PROPERTY

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PLAN SHOWING THE MULGIES ALLOTTED TO Sri. GOLI SURESH S/o. GOLI ANJAIAH - GROUND FLOOR NORTH - EAST CORNER TWO (2) MULGIES / SHOPS OF SIZE 9'.4" x 15'.0" AND 9'.6" x 15'0" EACH IN ALL ADMEASURING 9'.4" x 15'0" AND^g'.6" x 15'0" SQ.FEET BEARING MUNICIPAL NO.6-6459/1 ,tN PLOT NO.59/C. SITUATED AT GANDHINAGAR. SECUNDERABAD.

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BOUNDARIES: NORTH : NEIGHBOURS HOUSE NO.6-6459 SOUTH : SCHEDULE lll ALLOTTED TO GOLI SATISH LAS t : 25'-0' WIDE ROAD

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WEST : NEIGHBOURS HOUSE NO-6-6-460

¶155

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 2 -)
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¶156

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¶157

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¶158

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SCHEDULE - II PROPERTY

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PLAN SHOWING THE ALLOTTED TO GOLI SURESH - SECOND FLOOR CONSISTING TWO BED ROOMS, LIVING HALL, TWO KITCHENS, W.C. AND BATH WITH A TOTAL PLINTH AREA ADMEASURING 880 SQ.FT., INCLUDING THE COMMON AREA BEARING MUNICIPAL NO.6-6-459/1, IN PLOT NO.59/C, ADMEASURING 111.11 SQ.YARDS OR 92.90 SQ.METERS, SITUATED AT GANDHINAGAR, SECUNDERABAD.

¶161

BOUNDARIES :

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NORTH : NEIGHBOURS HOUSE NO.6€-459 SOUTH : OPEN TO SKY EAST : OPEN TO SKY

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WEST : NEIGHBOURS HOUSE NO.66460

¶164

2a'.t'
it,,s,
SECOND FLOOR

¶165

w A$ret941t1t7 (goil soqwl0

¶166

qw(rcr'(M^'rrNO.2 ^9" (goLrsAl8t{)

¶167

,tilnWwSfs:

¶168

FIRST FLOOR

¶169

^L^L-_ 1...[..r o) - |^{r'-'q s;] A ^'r il} CA ,)

¶170

b'-('v€"-r u^tno P A,l

¶171

I
I

¶172

SCHEDULE - III PROPERW

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PLAN SHOWING THE MULGIES ALLOTTED TO Sri. GOLI SATISH S/o. GOLI ANJAIAH - GROUND FLOOR SOUTH - EAST CORNER TWO⁽²⁾ MULGIES / S HOPS OF SIZE 9'.7" x 15'.7.9" x 7'.0" EACH, lN ALL ADMEASURING 9'.7" x 15'.7-9" x 7'0" SQ.FEET BEARING MUNICIPAL NO.6-6459/1 rN PLOT NO.59/C SITUATED AT GANDHINAGAR SECUNDERABAD.

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BOUNDARIES :

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NORTH : SCHEDULE IALLOTTED TO GOLI SURESH SOUTH : 25'{' WIDE ROAD

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EAST : 25'-0' WIDE ROAD WEST : NEIGHBOURS HOUSE NO.66460

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE SAMBASIVA RAO NAIDU

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CITY CIVIL COURT APPEAL NO: 232 OF 2018 IN/AND |.A.NO.1 0F 2023

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Between:

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Goli Suresh, S/o. late Sri Goli Anjaiah, Hindu, aged about 67 years, Occupation-Business, Rl/o. 2nd Floor, H.No- 6-6-459/'1, Gandhinagar, Secunderabad

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...APPELLANT/DEFENDANT No.1

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AND

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1 Goli Anjaiah, S/o. Goli Ellaiah, R/o H.No-6-6-459/1, Gandhinagar, Secunderabad (died per LRs i.e AppelanUDef.No.l Respondents/Plaintiff No.2 and Def. Nos. 2 to 4)

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2 Goli Satish, S/o. late Sri Goli Anjaiah, Hindu, aged about 73^years, Occupation- Household, R:/o.H.No-6-6-459/1, Gandhinagar, Secunderabad. ...RESPONDENTS/PLAINTIFFS

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Smt. Shobha Boji, W/o. Dr. Gunde Rao Bhoji & D/o late Sri Goli Anlaiah, Hindu, aged about 69 years, Occupation-Housewife, R/o. Kiran Enclave, Secunderabad.

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Smt. Thatikonda Sandhya, Wo Dr. T. Ramesh, Hindu,aged about 68 years, Occupation- Housewife, Rl/o.Sandhya Tatikonda 7213, Terragar BLUD lvlissisaguga, ONLSNLS, CANADA.

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Smt. Madam Shanti, Wo. M. Venkateshwarlu, Hindu, aged about 60^years, Occupation- Housewife, R/o. H.No- 1 6-2-836121 1, L. l.C.Colony, Madhavanagar, Saidabad Colony, Hyderabad

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...RESPONDENTS/DEFENDANTS No.2 to 4

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Appeal filed under Section 96 of Code of Civil Procedure against^the Judgment and Decree dated 31-01-2018 made in O.S.No.142 of 2009 on the file of the court of the Xll Additional Chief Judge, City Civil Court, Secunderabad. |.A.NO.1 0F 2023: Application under Section 151 C.P.C praying that the High Court may be pleased to pass a decree in terms of the Memorandum of Compromise fited therewith as between the

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'2-

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petitioners/appella rts and respondents/respondents in the silicl l.lt.No-1 ot 2023 on the file of the H gh Court.

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The appeal and l.A coming this day for ordets as..o settlement in the presence of Sri^'. Ashok Raj, Advocate for the app,ellant arrd I'tlr. S. Sridhar, Advocate for resgondent No.2, appellant and resp,rndent l'1o.2, through their respective advocat -.s having filed l.A. No. 1 of 2023 requestirrg the court to^pass a decree in terms the memorandum of compromise entered into betrveen them and upon perusing the grounds appeal,^judgment and decret: of the Lower court and the memo of comprotnise purporting to have been signed by^rher p;rrties and their Advocates and fil,:d with said l.A.No.l of 2O23 and it app:aring from the said memorandum of crmpromise that the parties herein hare entr-'red inlo compromise and settled the maler out of court in terms memorandun of cornpronise filed herein.

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This Court Doh Record the terms of the said menrorandlnr of compromise in original whereof ir; filed in the said l.A.No.1 of 2023 ot and a copy whereof is annexed hereto ar d DOTH in terms of the said memorarrdum c,f <:om cromise declare ORDER and DECIIEE as Follows:

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That the l.A.No.1 of 2023 be and hereby is allowed and .he appeal be and hereby is disposed in terms of the Memorandum of Compr:mi:e, dated. 0208-2023;

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Thal the ADpellanUDefendant No.1 namely Sri^(loli Se resh^:S/o.Goli Anjaiah be is herby allotted with all that North-East Corner Twc,^(:2) IUulgies/Shops of size 9.4 X^'5'.0 and, 9.6 X 15'.0 each, in all admeasuring S.4 X 15'.0 and, 9.6 X 1 5'.0 Sq.Feet, bearing Municipal Nos. 6-6-459/1 s,tu.lte(l in the Ground Floor of tt e Schedule House Property, which is clear y c escribed in the Schedule-l hereunder and more fully marked ir REC, OOL OR in the Plan annexed tc this terms of Compromise and from lhis da,/^()nwilrds, he shall be the sole, a )solute, exclusive owner possessor ernd en o1'er of the same and he shall hirve every right to deal with the same in /hzltsoever manner he desires including all sorts of conveyances like Sales, Gifls, Mortgages etc., and the R >spondenUPlaintiff No.2 namely Sri^(loli Szrti:;h S;/o. Goli An.iaiah and Resp< Ments/Defendants No.2 to 4 or any perscn or l)ersons claiming through th,:m or on their behalf shall not have any rilht, ollection or claim over the sz me or such type of transaction;

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TEat n" AppellanflEefendant No.1 herein namely Goli Suresh S/.,.Goli Anjaiah'is hereby allotted with the entire Second Floor consisting Two bedrooms, Living Hall, Two Kitchen; W.C & bath,.with a total plinth area admeasuring 880 Sq. F€et including common areas which is clearly described in the Schedule-Il hereunder and more fully. marked ln RED COLOR in the,Plan annexed to thb terms ol Compromise and from this day onwards, he shall be the sole, absolute, exclusive owner^possessor and enjoyer of the same and he shall have every right to deal with the same in whatsoever manner desires including all sorts of conveyances like Sales, Gifts, l4ortgages etc., and the Respondent No.2 namely Sri Goli Satish S/. Goli Anjalah and ResbondenB/Defendants No. 2 to 4 or any person oi persons claiming through them or on their behalf shall riot have any;ri(ht, objbction or claim:over the sarne or such type of tErnsaction.

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:fh"*. the RespondentTPlaihtiff No.2 herein hamely, Goli Satish S/o. Goli Anjaiahi ls hereby allottdd With all^:that SOUTH-EASTERN side Two (2) Mulgies/Shops of size:g:7 X l5'.0, 7.9 X 7i0 each in all admeasuring 9.7 X 15'.0, 7.9 X 7'.0 Sq. Feet, bearing Municipal Nos. 6-6459/1 situated in the Ground Floor of the Schedule House Property, which is clearly described in the Schedule-Ili hereunder and more fully marked in GREEN COLOR in the Plan annexed to this tetms bf Compromise and from this day onwards, he shall be the sole, absolute, Exilusive 6'itnei^possessor and enjoyer of the same and he shall have'every right to deal with the same in whatsoever manner desires including all sots of conveyances like Saies, Gifis, Mortgages etc., ahd the AppellanvDefendant No.lnamely'Sri Goli Suresh S/o. Goli Anjaiah and Respbndents/Defendants No. 2 to 4 or any^person or persons claiming through them or on their behalf shall not have any right, bbjection or claim over the same or such type oF trarisaction.

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Thak the RespondenvPlaintifF No.2 herein namely, Sri Goli Satish S/o. Goli Anjaiah hereby settled and allotted with all that entire FIRST FLOOR consisting Two bed rooms,

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Hall, Kitchen, w.C. I bath, with a total plinth area admeasu ngrSSo Sq^Feet lncluding the comrhon areas forn ing^paft of the Schedule Property which is^{clearly, described 'ln the} Schedule-IV hereun<ler and more fully marked in GREEN COLOII in Ute^Plan annexed^to thisr terms of.Comp omise and from this day onwards, he^she ll be the,,solei absolute; exclusive owner^post Essor. and enjoyer of the,same and.,he shall have every right to^deal ' with the same in wh,tsoever manner desires including all sorts C|f^{r:onreyances.likeSales,} Giftsr Mortgages etc., and the AppellanvDefendant,No.l namely Sri G()li Suresh S/o. Goli Anjalah and^' Respon dentslDefendants No. 2 to 4 ot any.^pen;on or^{persons.claiming} through them or on^I heir behalf shall not have.any^{right, .objection',:r} claim'over the^same or such type of tEnstction.

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lQot

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LIt is seuled,betweer the^parties that, as the AppellanvDefendEnt No.l/Defendant No.1 namely Goli Suresh S/. Goli Anjaiah, out of his own furrds, c(,nstru(ted,2 rooms with Asbestos roof and^plirstic sheets covering the terrace (lII floor) v/hich is in his occupatiqn ' and enjoyment and ii shall be for himseff and for his family exchrsir'e use and enjoyment without hifldBnce or objection or claim over the same fror,i the t{er;ponden(Plaintiff No,z Sri Goli Satish or any lerson or^persons claiming through hi.n or or.lris t'ehalf.

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'IInt

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n.^{'Tfi is further settledtetweenthe parties that,as one of the Mulgi/Sh'rpof Schedule-lll} property allotred to tlre RespondenvPlaintaff No.2 namely Sri Goli SEtish is of smaller than that of the remaining fhree (3) Mulgies in the Ground Floor appon:io1ed as Schedule-I and Schedule-Ill^properti€ s, the AppellanvDefendant No.lnamely Goli SL resh Sio, Goli Anjaiah agreed that the Respondent/Plaintiff No.2 namely Sri Goli Satish shall have exclusive right and.ownership over tre terrace and the Responden(Plaintiff No.2 namely Sri Goli Satish shall .have every right to construcvraise structures over the existing terrace (III Floor) at any time by laying R.(:.C Slab over the IiI Floor and the Appellan!'D'lfer da nt No.1 namely Goli Suresh S/o. Goli Anjaiah or any person or persons clalming throLgh him or on his behalf shall not object for the same.

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.' , .. -:,,,:rl60t, there is a parking area in.the Ground Floor to park

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Scooters and the same shall be used by both the pafties in comfironly and shall be shared @ of^50o/o:50%, 1.,; :-..::ti=.;r.-,;: :i'*^r:l'-..-,.

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7E1f

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I is settled between the parties that, from this day onwards, they shall be the absolute, "It exclusive^possessors and enjoyers of the properties hereby allotted to them and by virtue of this Deed of Settlement, they shall HAVE AND HOLD the same as absolute and excluslve owners without intervention of each other by themselves or by any persons claimlng through them or on their behalf in the^properties hereby allotted to the parties herein respectivety.

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I O. tfiol A" Parties agreed^maintenance of the Schedule^House Propefi like colouring, repairs to the Property as and when required and for amenities etc., shall be Shared Equally at the ration of 600/o:400/o without invlting any sort of objection oJ raislng any dispute and in he event of arising the same the aggrieved party shall fiave every right to approach forum for reddressal of such disputes.

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thaY

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,ft is settled between the Parties that Stalr Case of the Building shall be used in common by both the Parties along with all Common Amenities without settin up any sort of exclusive Claim or right of whatsoever nature.

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1t lholtne parties agreed to^get their names assessed to Property Tax in respect of the allotted properties by way of mutation in the concern^{Municipal Records} by extending^co- operation amongst each other, if necessary by executing^{NOCs, Affidavits} and^Declarations etc.,

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rtrt-'

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t^{.""Jt is agreedand srittl&between the pirties that,in the eventof eltherofthbparties to} this DEED OF. SETTLEMENT intends to sell the^properties hereby^allotted. to them,^such intending, .party should^give First^preference to the:other^parfy to'Stis^Memorandumof 'Compromise as per the^prevailing Open Market^Value as on that day and on^his failure, the

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€

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intending party shal have every right to sell his respective proF)erties either whole or in part to the prospecti /e purchasers as per the prevailing markeL vE luit as on that day.

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That there shall be rto order as to costs^{in this appal}

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scHEDUttE HOUSE PROPERW

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All that House Prope rty consisting of 4 Mulgies ln the Grc,und, I't and 2nd Upper Floors, constructed on open Plot No. 59/C, bearing Municlpal No. 6-6-459/1, in all admeasuring 111;11 Sq. Yards, sitrrated at Gandhinagaq Secunderabad, i; bounCed orr:

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North lleighbour House No: 6{-459 South i 0'.0 feet wide Road East : 5'.0 feet wide Road West lleighbour House No. 6{460

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, SCHEDULE OF PROPERTY.I (ALLOTTETT TO GOLI SURESH i.e APPELI-ANT/DEFtlN 0Al{T NO.1)

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Alt that North-Easteil side Mulgies/Shops of size 9.6 X 15i0 AND 9.4 X 1510 each in all admeasuring 9.6 X .5' .0 AND 9.4 X 1510 &. Feet, bearing t\lunicipal Nos. 6-6459/1 situated on the, in tl e GROUND FLOOR the property bearing Mrnl(:lpal No. 6-6-459/1, in Plot No. 59/C, adme;suring 111.11 Sq. Yards or 92.90 Sq. Meters, is bounded on:

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North f leighbour House No: 66-459 South :;chedule-Ill Mulgies Allotted to Goli Satish. East I5'.0 feet wide Road .l West lleighbour House No. 66<60

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SCHEDULE OF PROPERW-II (ALLOTTEI) TO GOII SURESH i.e APPELLANT/DEFI:NDAI{T NO.1)

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All that SECOND FLOOR consisting Two bed rooms, Uving Hall, Two Kitchens, W.C and bath with a total plirth area admeasuring 880 Sq. Feet inrluding the clmmon area along with 2 rooms of asbr:stos roof and plastic sheeE covering the te"race tbrming part of the

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.-1-

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Schedule Property [earitrs Municipal No. 6{<59/1, ln Plot No. 59/c, adrneasuring 111.11 Sq. Yards or 92.90 Sq. Meters situated,at Gandhinag6r, Secunderabad, is'bouhdedon:

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ll,orth : l,leighbour House l,lo: 66459 South : Open to Slry. East : Open to Slcy. West : Neighbour House No.6{-460

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SCHEDULE OF PROPERTY-III (ALLOTTED TO GOII SATISH RESPONDENT/PLAINTIFF NO.2)

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All that Souh-Eastem side TWO (2) Mulgies/Shops of size 9.7 X 15'.0 AND 7.9 X 7i0 each bearing Municipal Nos. 6{459/1/A.situated on the, in the A GROUNo FLOOR bearing Municipal No. 66-459/1, in Plot No. 59/C, in all admeasuring 111.11 Sg. Yards or 92.90 Sq. Meters situated at Gandhlnagar, Secunderabad, bounded on:

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North Schedule-I Mulgies Allotted to Goli Suresh. South 20'.0 feet wide Road East 25'.0 feet wide Road West Neighbour House No. 6{-460

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SCHEDULE OF PROPERTY-W (ALIOTTED TO GOLI SATISH RESPONDENT/PLAINTIFF NO.2)

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All that entire FIRST FLOOR consisting Two bed rooms, Hall, Kitchen,^W.C and bath, with a total^plinth area admeasurins 880 Sq. Feet including the common^areas forming^{part of} property bearing Municipal No.66{59/1, ln Plot No. 59/C, admemuring 111.11 Sq. Yards or 92.90 Sq. Meters, situated at Gandhlnagar, Secunderabad is bounded on:

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North : Neighbour House No: 6{459 South : Open to Sky. East : Open to Sky. West : Neighbour House No. 66460

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SD/. B.S.CHIRANJEEVI JOINT REGISTRAR //TRUE COPY// qe

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SECTION OFFICER

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To, 1. The XII Additional Chief Judge, City^{CivilCourt, at Secunderabad} 2. Two CD Copies ,.* PLP

HIGH COURT

DATED:11/08/20 13

COMPROMISE TIECREE

t.A.NO.1 0F 202t IN/AND CCCA.No.232 ol 2018

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ALLOWING THT. APPLICATION AND DISPOSIN'; THE APPEAL IN TERMS OF COMPROMII;E

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Goli Suresh v. Goli Anjaiah

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Goli Suresh v. Goli Anjaiah

Case brief

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