The High Court · 2025
Case Details
Acts & Sections
2. Smt.Lalitha, Wo.Hanmantha Reddy, Aged about 58 years, Occ.Household, R/o.Yellampally Village of Nirmal Mandal, Dist.Adilabad.
3. Smt.Sarupa Rani, Wo.Rohin Reddy, Aged about 44 years, Occ-Household, R/o.Flat No.60, Jagannath Apartments, Opp.Rahna Hotel, Near Pchan Maidan, Warangal-506002.
4. N.Pratap Reddy (died per LR's Appellants 2-4) ...RESPONDENTS/DEFENDANTS 3,4,.I lA NO: 1 OF 2023 Petition under Order 4'1 Rule 5 R/w Section 151 CpC praying that in the circumstances stated in the affidavit filed in support of the pet tion, the High Court may be pleased to stay all further proceedings pursuant to judgment and decree dt.'17.10.2022 in O.S.No.30/2015, on the fite of the principat District Judge, Nirmal, during the pendency of appeal. lA NO: 1 OF 2024 Petition under Order 23, Rule 1 & 3 rlw Section 151 CpC praying that in the circumstances stated in the affidavit filed in support of the pet tion, the High Court may be pleased to allow the above first appeal AS No. 18/2023 in terms of the compromise entered b the Appellants and the Respondents and dismiss the suit OS No 30 of 2015 on the file of Principal District Judge, Nirmal Counsel for the Appellants: Sri B. Mahender Reddy Counsel for the Respondent No. 1: Sri N. Vinesh Raj The Court delivered the following JUDGMENT: THE HONOURABLE SMT. JUSTICE P.SREE SUDHA / I.A.No.Ol of 2o24 In And A.S.No. 18 of 2023 JUDGMENT: Both t he counscl prescnt.
2. A.S.No.l8 of 2023 is filed aggrieved by the final decree dated 17.10.2022 in O.S.No.30 of 2015 passed by the learned Principal District Judge, Nirmal
3. O.S.No.3O of 2015 was filed by respondent No. 1/plaintiff against appellants and respondent Nos.2 to 4 for passing preliminary decree for paftition of suit schedule properties into t.hree (03) equal shares and allot 1/3'd share to the respondent No.l/plaintiff with rnetes and bounds and the same was decreed on 17.10.2A22, against which the present appeal is preferred
4. It is stated that plaintiff No.l is sister of defendant Nos.l to 4, defendant Nos.2 and 3 are brother and sister of plaintilf No.1, and defendant No.l died during the pendency of the appeal, his family members are brought on record as I-R,s i.e., def-endant Nos.5 to 7 and dcfcndant No.4, who is sister o1- 2 plaintiff No.1 abser-rt due to ill-health. Now, a[[ tlie prLrties along with their counsels present before this Court and stated that they entered into deed of compromise and also filed an application along witl.r deed of compromise before this C our1. They also stated that they agreed compromisc l'oluntarily without any coercion or undue influence. This Court en..rured the same fiorn tlie parties.
5. Recordingl the submissions made by both thc paflies, l.A.No.1 of 2024 is allowed. Consequently, A.S.No.l8 of 2023 is disposed of in terms of deed of compromisc by sc,tting aside the judgrnent of the trial Court. No order as l-o costs. As a sequel, the miscellaneous petitions, if any', pending shall stand closed. //TRUE COPY/I sd/-M. vrJAYAPS,t?ffi[ / ,N\- _ uae'"r'oN o FFICER To, 1 2 3 4 VH \+ S:i[if :l':*"l}",id"'f'tiflitl1"4$i.;a'3"jiB'"' ffi'.:'-3r"?::pY or Deed or comPromise) ,',. : HIGH COURT DATED: 0610112025 JUDGMENT lA NO: 1 OF 2024 IN/AND AS.No.18 of 2023 :\ i: ? C a' 0l ;. - !ii5 ?",\{ rr; \: ai f,ir 1 rl\ * ALLOWING THE lA NO: 1 OF 2024 AND DISPOSING THE AS.No.18 of 2023 IN TERMS OF DEED OF COMPROMISE C."Pq4 Y({"v L So tC Iol tssued Io N Su,"nath ! ReCCy Fat )ho / lD ptoof Se lf ,/ - AIT'A NDIA fflffrRf TH,tLI .Jeron3 qreqrrtqfr6 t 0000100/- 6i! Eao trio 4",0 L.li ztio 4i! Oth6r 34 r 625 217341795,r 1331-OoOao206 341G252 61/2027 DEED OF COMPR OMISE Deed of Compromise is executed on this the I rrday of December, 2024, between: l. N.Dayakar Reddy, S/o. late N.Ram Reddy, aged 67 years, Occ: ' P.Service, R/o.Hastinapuri Colony, 2;o' b.or., Sainikpuri, Secunderabad, presently residing at Omsree Signet A_Block,-Flat No.303, Generals Road, yapral, Secunderabad.
2. N.Sudheer Reddy, S/o.late N.pratap Reddy, Aged about 5g years, Occ:Business, R/o. Shastrinagar, Nirmal-504 I 06.
3. N.Sunil Reddy, S/o.lare N.pratap Reddy, Aged about 50 years, Occ:Advocate, R/o.Nirmal Town - 504106.
4. N.Bharati, Wo. late N.pratap Reddy, Aged about 75 years, Occ:Housewife, R./o.Nirmal Town - 504106. (Appellants in A.S.No.l 8/2023 on the file of the High Court for rhe State ofTelangana) (Hereinafter referred to as the FIRST PART) And l. N.Sumathi Reddy, D/o. N.Ram Reddy, aged about 62 years, occ:nil, N o.5 -12-21 0, Gajulpet, Nirmal, Dist.
2. Smt.Lalitha, Wo.Hanmantha Reddy, Aged about 67 years, occ: Household, R/o.Yellapelly Village of Nirmal.
3. Smt.Sarupa Rani, Wo.Rohin Reddy, Aged about 53 years, Occ: Household, R/o.Flat No.402, A-Block, Beema pride, Kompally, Hyderabad. (Respondent in A.S.No.l8/2023 on the file of the High Court for the State of Telangana). (Hereinafter referred to as the SECOND PART) Whereas the party one of Second Part herein filed a suit being O.S.No.30/2015 on the file of Principal District Judge, Nirmat, for partition of suit schedule properties. L\ I ,n/ e? -r)t tu . Q.--*' 3AB U 4 A { p B -i $) \7a i 2 /' Whereas the said suit was decreed and preliminary decree was passed for partition and separate possession of suit schedule property granting 1/5'h share to the parfy one of Second Part vide .ludgment and Decree dt.l1 .10.2022 Whereas the parties to the First Part, aggrieved by the said judgement and decree, filed appeal being A.S.No.1812023 on the file of High Court for the State of Telangana and the Hon'ble High Court was pleased to grant interim stay of passing final decree vide order dt.28.02.2023 in IANo.l/2023 and the said appeal is pending Whereas during the pendency of the appeal, in quietus to the litigation and on the advice of the elders and well-u,ishers, the all parties to First & Second Part have decided to amicably settle tlLe matter and accordingly cntcred into this compromise. Whereas in terms of the compromise, the parties to the First Part agreed to pay an amount of Rs.45,00,000/- (Rupees Fortl Five Lakhs Only) to the party one ofSecond Part and the party one ofSecond Part agreed to withdraw the suit O.S.No.30/2015. Whereas the parties two and three of Second Part are already relinquished their rights in respect of suit schedule properties at the time of their marriages, hence they declare that they have no claim over the suit schedule properties. Whereas, the parties to First Part and Second Part agreed for disposal of the appeal in terms of this compromise. NOW THIS DEED OF COMPRO MISE WITNESSETH AS FOLLOWS: a) That the parties to First Part agreed to pay an amount of Rs.45,0(),000/- (Rupees Forty Five Lakhs only) to the party one of Second Part and the party one ofSecond Part agreed to abandon all her claims in Suit Schedule Properties as mentionr:d in the suit and agreed to allow the appeal A.S.No.18/2023 on the file of Hon'ble lIigh Court for the State of Telangana, by withdraw the suit O.S.No.30/201s. B.{},- lJ (\) \1? L3) Ys+- 1 r2, A i.,):-A.t^- ,b.- c0 + ., b) Whereas party one of First part paid an amount of Rs.22,50,000/_ (Rupees Twenfy Two Lakhs Fifty Thousand only) through DDNo.503363, &.10.12.2024 drawn on ICICI Bank in favour of parfy one of Second Part. The party two of First part paid an amount of Rs.11,25,000/- (Rupees Eleven Lakhs Twenty Five Thousand only) through two DDNos.9260gg, dr.ll.l2.Zo24 & 926087, dt.12.12.2024 drawn on Union Bank of India in favour of party one of Second Part. The parfy three of First part paid an amount of Rs. 11,25,0001- @upees Eleven Lakhs Twenty Five Thousand only) through two DDNos.O01408 & 001409, dt.10.12.2024 drawn on Bank of India in favour of party one of Second Part. c) That the party one of Second Part acknowledges the receipt of total amount of Rs. 45,00,000/- (Rupees Forty Five Lakhs Onty) from parties 1 to 3 of First Part as stated in above clause and party one ofSecond Part abandons all her rights/claims in the suit schedule properties and willing to withdraw the suit and have no objection to allow the A.S.No.l8/2023 on the file of Hon'ble High Court for the State ofTelangana. d) That the party one of Second Part declares that the parties to the First Part are the absolute owners and possessors of the all the schedule properties and the parfy one of Second Part had relinquished all the rights/claims whatsoever in the schedule properties, including House No.5-12-210, Gajlpet, Nirmal Town and all ancestral properties. e) That the parties two and three of Second Part declares that the parties to the First Part are the absolute owners and possessors of the schedule properties as per their respective shares and the parties two and three of Second Part have already relinquished their rights/claims over the schedule properties at the time of their marriages. f) That in view of this compromise, all the parties to both the Parts agreed for disposal of appeal by allowing the same by dismissing the suit. [", t' L) 'T lo -3,. BA (, 1 IJ s o t NoT & / a r !- E8 * 4 g) That the parties to both the parts agreed to place, this deed of compromise in A.S.No.18/2023 before the Hon,ble High Court for the State of Telangana, for disposal of the appeal suit, in terms of this compromise. All the parties to First and Second part have signecl this Deed of Compromise w.ith free will and consent, without any c,f,ercion from anybody and on healthy state of mind. ' N'''-oq. 1. N.Dayakar Reddy .-'5 r 2 r J N.S /l,:'- l. N.SumathiReddy A . )-c,-t.l-/"'z^-
2. Smt.Lalitha '7" 3. Smt.Sarup,a Rani 7 / / 4 t t, (Parties to First Part) (Parties to Seconri Part) Witnesses / 2 ( ( Courn-d5^ 4 NOTARY lt ATT 1B 3 .i ,JYt-lT p!,. ianie:,ri B abu . LL-A ADVCCATE:! li OTA RY s 127 I 1,28 /C . Srr K. 5l'.' r lidgar Near Sar Kira. rur'jl:- Sahool ' "'r'"'j3ii?',? 5: ; ;? ?3;T,\3' aF t sl,l4 DEC ?_024