The High Court · 2025
Case Details
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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings including execution of the EP No.135/2023, on the file of Principal Senior Civil Judge, Medchal-Malkajgiri Dtstrict at Kushaiguda pending disposal of the Second Appeal. lA NO: 4 OF 2025: Betwee n 1 2 1 2 Smt.Dasarr Laxmr, W/o.Dasarr Raghava Reddy, Aged alr ,Lrt 61 years, Occ Housewife, R/o.l-l No.8-95/3, Babaguda village, Sliamere r r,:t t\4andal, Med cha l-l\4a lkalg iri District. ' Chilukuri Ramulamma, W/o Chilkurr Bal Reddy, Aged at r r,t 56 years, Occ. Housewife, Rio l'l No.1 67, Kondapur (v;, KeeiarJ N/arrr i I Medchat IValkalgiri District. Petitioners/Re; rondents 1 & 2 AND Rathod Anand S/o. Narayana Lal, Aged about 41 ye ars, Occ. R./o H No.3- 92, Nagaram Village & lVlunicipality, Kees I zr lV,landal Ivlalkajgiri District Navarathan Kumar, S/o. Babu Lal, Aged about 42 y< ars, Occ. R/o.H.No 12-5-8. Vilaypuri, Tarnaka Sdcunderabad 5j) )17 Business, lVledchal- Business, . . .. Respc r d ents/petitioners 3. Kanukunta Lakshmi, Wo Late Kanukunta Narsaiah, A(te ,r about 70 years, Occ. Housewife, R/o.H.No.3-14, Cheeryal Village, Keei I a Mandal, V.a"nat_ l\ilalkajgiri District . RespondenVRer condent No.3 Petition under Section 151 cpc praying that in the : r,:umstances stated in the affidavit filed in support of the petitron, the High cour -nay be pleased to vacate the lnterim orders granted in lA No 212025 in Sl Nlo 2912025, Dated 2410212025 and to dismiss the main Second Appeal. lA NO: 5 OF 2025 : Petition under order XXIr, Rure 3 R/w section 151 ::c.. praying that in the circumstances stated in the affidavit filed in support of t1 o p.iition, ihe High court may be pleased to record the part setflement betwee r :he petitioners and the respondent No. 1 & 2 consequently dismiss the appear : rc pass a decree in accordance with the terms of compromise. Counsel for the Appettants : SRl. VEDULA CHITRALEKI| r Counsel for the Respondents 1 & 2 : MR. C HARI PREE-', I Counsel for the Respondent No.3 : NONE APPEARED The Court delivered the following: COMMON JUDGMENT IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE RENUKA YARA I.A.No.S of 2025 In And S.A.No.29 of 2025 Date:22.L2.2025 Between: 'lathod Anana and arr other Smt. Dasari Laxmi and others Appellants . .. Respondents COMMON JUDGMENT [{card Ms.Vec.lr,rla Chrtra]ekha, Iearned counsel for the appellants and Mr.C. Hari Preeth, Iearned counsel for the respondents.
2. The appellar-rts and the rcspondents Parties-in-person present. Both the parties are identified by their respective counsel'
3. Both the parties have represented that they have settled the matter out of the Court, whercin, tht: rcspondents have agreed to rcgister land in favour of appe llants to an extent of 55O Sq'Yds', which is part of schedule 'B' property, out of total extent of \ I, 2 Ac.O.14 Gts., in Sv No.39 situated at Ahmedg,r, .r Villagc,, Keesala Mandal, Medcl-ral- Mall<a.1giri Dist rict
4. In lieu of the said land agreed to 1:c. rcgtstered by th(l respondents, tl'rc :rppe-.llants have agreecl to u r rlr:ul thc preseu,, sccond appeatl. 'f ltr: rcspo,cl<:nts ,a',e also a.e,;r r r : to u,itlrdra*. th. criminal case filecl agair.rst tl-rc a1;ltellants.
5. In viert- ol the settlement rcachecl, I.A.No.,; c,f 2O2S is filecl to close the appc:rl ut ter-l1ts of compromise. ,{lcrn: ,r.iLh the: I.A.No.5 of 2025,.-loint Compr-omise Nlento ancl a copr,, ,; Mt:momr1clum of Urrderstarrding datcd 24.O9.2025 are appenciecl. 6, The rcsltonclcnts har.c acknou.leclgccl compromise in tl.rc open Courl. lfr vicq, of th. 2025 is allowed. th<: torms of ;arne, LA.No.5 ol
7. Accordingly, Second Appeal Compromise. 'lhere shall be no order as to cosr : is closc r rn terms ol. Miscellaneous petitions, if arry, pending irL r ris petition. shall stand closed. //TRUE COPYII I Addt. Districr Judse, Medchat_Malkajsiri Disrrict at ,, ;;,;;;; One CC to SRt. VEDULA ( one cc to sRr c no*, Two cD copies IEETH Advocate [OPUC] ";n''*ALEKHA Advocate ir)r 'rJCl r; ,_ t. NAGA tlxsnMi -- \ \ JOINT REGISTRAR \ I ,$ECT|ON OFFTCER . v, , ,vL,. / ;B:tt--.:. ,.. - / 40, 1 2 3
4. tu, I-irg-=- a HIGH COURT DATED:2211212025 COMMON JUDGMENT l.A.No. 5 OF 2025 IN/AND SA.No.29 OF 2025 ,t , 0 tts ?026 ( (;) +-. t ? { It'r V* \- ALLOWING TIIE LA.No.S OF 2025 & CLOSTNG THE APPEAL IN TERMS OF COMPROMISE. b 5v .l.l IN THE HIGH COURT OI- ]UDICATURE AT HYDERABAD FOR THE STATE OF TEIANGANA AT HYDERABAD I S.A. No 29 oF 202s BETWEEN: 1) RATHOD ANAND, S/o. Narayana Lal, Aged about 41- years, years, Occ.: Business, R/o. H.No.3-92, Nagaram Village & Municipality, Keesara Mandal, Medchal-Malkajgiri District. 2) NAVARATHAN KUMAR, S/o. Babu Lal, Aged about 42years, Occ.: Business, R/o. H.No.L2-5-8, Vijaypuri, Tarnaka, Secunderabad - 500 017. AND ...Appellant/s 1).SMT. DASARI LAXMI, W/o. D.Raghava Reddy, Aged about 61 years, Occ.: Housewife, R/o. H.No.8-95/3, Babaguda Village, ShamirpetMandal, t\4edchal-Malkajgtri District 21 SMT. CH|LKUR| RAMULAMMA W/o. Late Bal Reddy, Aged about 56 years, Occ.: Housewife, R/o. H.No.1-67, Kondapur Village, Keesara Mandal, Medchal-Malkajgiri District. ... Respondent/s JOINT COMPROMISE MEMO FILED BY THE APPELLANT AND RESPONDENT No.1& 2
1. That the respondent No.L & 2 have filed a suit for partition and Separate Possession against their mother vide OS No.2208/2O17 on the file of the Hon'ble principal Senior Civil .ludge, Medchal-Malkajgiri District at Kushaiguda in respect of the Suit Schedule-A & B Properties and the said suit was decreed by passing final decree and based on the al decree the Second Party herein has filed Exegrtion ( I 6{: ,- - {i.- .* 'r-' {E" a.(,- o, 0t u i5- ;l:' )- 2 3 Petition vide pending on EP No.135/2023 for delivery :f possession r Senior Civil the file of the Hon'ble Princi: Judge, Medchal-Malkajgiri District at Kusha g -rda' That pending the Execution Petition, the A I rr:llants herein has filed Claim Petition in respect of i rit Schedtrle-B Prop€rty vide EA No.3/2024 in EP No ''35/2073 afte( hearing from both sides the said Clail Petition was dismissed on 03.05.2024 and aggrieved br he Orders' the appellants has filed First Appdal vide AS No l6/2024 before the Hon'ble I Addl. District Judge' M: l:hal-Malkaigiri District at Kushaiguda and the said First ' ppeal was also dismissed on 07.01.2025 and aggrieved b 7 t.re First Appeal Orders, the appellants has filed Seconc A'ppeal vide SA No.2gl2O25 before the Hon'ble High Cou- of Telangana at Hyderabad and the same is Pending' That pending Second Appeal the elders ; nd mediators of the Village who are well wishers apprt ached both the parties to the present Appeal with the lroposal that the Appellants of the present Appeal ir e prepared for amicable settlement in respect of part a I I parcel of the EP Schedule-B Property expressed their willingness for amicable settlement and the appellant s lrerein withdraw their Appeai without any conditior; and however specifically agreed further to relinquislr and give up their rights, title and interest if any ownec and possessed as claimed by them in the Second Appeal Il t 29/2025 '
4. That the mediators with said proposz I settlement of entire Suit Schedul: initiated talks for Prooerties r&o q2 q( ? ...i, -a.+',: c- r il;:V N !) 3 respondents and heads of their respective family heads in respect of their interest and the Appellants in the present Appeal could amicably arrive to settlement of the Ep Schedule-B Properties shown below in-details, Having been admitted and accepted the said proposal concluded the settlement of the Suit Schedule-B property, the respondent No.1 & 2 undertake to give land in Sy. No.39 admeasuring 550 Sq. Yds out of total extent of Ac.0-14 gts situated at Ahmedguda Village, Keesara Mandal, Medchal- Malkajgiri District to the appellants towards full and final settlement. 5 Since the above part and parcel of the settlement the appellants are relinquishing all their rights and interests if any in respect of the remaining extent in Sy. No.39 in view of the above part and parcel of the settlement, the appellants have no objection and agreed to withdrawn their present Appeal by filing his joint memo and the appellants shall not claim in future any events against the above said property i.e. Schedule mentioned property hereunder and further the appellants undertake to withdraw the present Appeal SA No.2g/2025 which is pending before this Hon'ble court. 6 M AN COND soF PR M i. That within one month afte he revenue proceedings in favour of the respondents will come bstainin 0r1^-Y , X forward and execute regd sale deed in respect of the schedule property in favour of the appellants conveying effective and valid title in respect of the a- qj-w e/ (r.c Brl N * 4 Suit/EP schedule property herein wlr:r is allotted by the respondents in favour of thr: appellants by virtue of the Present settlement' That the respondents hereby agre': to withdraw the Crime No.862/2021 (C'C 856/2( 22) registered by the SHO, Keesara PS and Crin( No'370/2022 registered by the SHO, Keesara P!' got registered against the appellants by the resp rrtdents herein basing on the complaints lodged by t r': respondents herein in view of the present comptr nise in respect of the schedule property' And th' 1 -:he apperllants hereby agrees to "Not Press" both 'l e Civil cases i'e' O.S.No. 794/22 and O'S' No' 55al)- 'D-3 filed before the ll tuCJ, M.M District at Kushigu'J L' That the appellants hereby admits I re absolute title and possession of the respondentt t:rein in respect of the remaining extent in Sy' No' I ) and henceforth the appellants are entitle to deal vith the same in whatever manner they desire fo which the First Party will not cause any sort < f obstruction or whatsoever and if necessary will t lme forward and execute appropriate document r< r conveying valid title in favour of the Second Part\ ' That, it is agreed by both the pat.t €s that there shall not have any claims against eacL :ther in respect of their respective lives ahd liberty a r I their Properties' That the Respondents has agreec c'r the above terms towards full and final settlement \' i:hout.claiming any rBa q.( or ai ' l\'/ ', 'ai.'v N t amount in lieu of transfer of Properlry in favour of the ( appellants. This settl ement is arrived between the parties with their free will and consent and signed on this day of November 2025 at yderabad. \.^u/ {. N Appellants.-, \dl9 Counsel for APPellants A A *)- a-du q, .n-l , ResPondents Counsel for pondents i l I II, I I t\ ,l I I I I I I l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD I\4ONDAY, THE TWENTY SECOND DAY oF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE RENUKA YARA SECOND APPEAL NO: 29 OF 2025 Between- 1 2 1 2 J Rathod Anand,, S/o.Narayan Lal, Aged 42 years, Occ. Business, R/o.H.No.3- 92, Nagaram Village, Keesara Mandal, Medchal-Malkajgin District. Navarathan Kumar,, S/o.Babu Lal, Aged about 42 years, Occ. Business R/o.H.No. 12-5-8. Ytjayapuri, Tarnaka, Secunderabad 500 017. AND APPELLANTS Smt.Dasari Laxmr,, Wo.Dasari Raghava Reddy, D/o.Late Kanukunta Narsaiah, Aged about 61 years, Occ. Housewife, R/o. H. No.8-95/3, Babaguda Shameerpet, Med chal-Malkajg iri District. Chilukuri Ramulamma,, Wo.Chilkuri Bal Reddy, D/o.Late Kanukunta Narsaiah, Aged about 5p years, Occ. Housewiie, R/o.H.No.1-67, Kondapur, Near Grampanchayat, Kondapur, Ghatkesar, Medchal-Malkajgiri Districi. Kanukunta Lakshmi,, Wo.Late Narsaiah, Aged about 70 years, Occ. Housewife, R/o- H. No.3- 1 4, Cheeryal Village, Keesara fr/ahdal, Medchal- l\/alkajgiri District. ... RESPONDENTS Appeal under Section 100 C.P.C., aggrieved by the Judgment and Decree 2024, dated 07.0'1 .2025 passed by the court of the t Addl. in A.S. No. 36 of " Distrrct Judge, tr/edchai-t\/alkajg iri District at Kushaiguda. ORDEI(: 'l'his appeal is coming on for hearing and upon perusing the grounds of appeal, the Judgrnent and Decree ofthe Lower court and the material papers in the petition and upon hearing the arguments of Ms. Vedula Chitralekha, Advocate for the appellants and of Mr. C. Hari Preeth, Advocate for the respondents. --,dr,-7 That this Court cloth Order and Decrce as lollows
1. That this appeal is he and herebl closed in terrns ofthc compromi ;,
2. That rvithin one uronth aller obtaining the revcnue procccJ rLgs in favour of the respondents. thcr shall coure tbnvard and executc re-gistcrcd saiLr 6lgs6 in respcct of the scheclulc prol)crtv in tar oLrr ol the appellants conveying cflectivc lu r ',ralid title in rcspect o[' thc srrit/lll') Schcdule pronertr rrhrch is allotled by thc lespondents irr jrvour ol-the appcllants br r irlue o1'thc pr-esent j.Ltlr'nler]t.
3. That the respondents shall rr rthdia',v the Crime No.862i2021 (l . :.85612022) and Crime No.i7012022 both registelcd b1 thc S-ll.O.. Kecsara PS and against hc appcllants basinq on thc corlplaints Iodged br lhe respondcnts l:crcin ir.r vieu, of the prrscLr -'onllrornise in rcspcct of the schedulc propert) Aurl that thc appcllants hercby shall '\r t Prcss" both the Civil Cases i.e. O.S.No.79zl1ll and O.S.No.558/2021 filed bcfore the JL '.lCJ.. M.lvl. District at Kushaiguda.
4. That since the appellants adnrits thc absolute title antl possessloli I dte respondents herein in respect of thc rcnraining extcnt in Sy.No.39, they are entitied ri ,lcal with the sarne in wltatever manucr tlrc_\ desire lirr uhich tl.rc appcilants shall not calr:( any sofi of obstmction or lvhatsoever ancl i['ttcccssarv ther shall ctrnrc forrvard and exectt appropriate documcnt lor conveying valid Litlc in firr our of the Respondents.
5. 'l'hat both thc partic( shall ltot llave anr claims against eaclL : trer in respect ol thcir respective livcs and libefit ancl their properlies.
6. That the Respondents have agreecl lor thc above tems towards {rl1 and final settlement without claiming any amount iti lieu of transler olpropcrty in 1'avoul r f the appellants.
6. That there shall be no order as k) costs //TRUE COPY// SI) .I. NAGA LAKSHMI ----- .JorNr REGj[r?AR b-sfoN oFFrcER To
1. I Addl. District Judge, [t/edcha l-Malkajgiri District at K- ;haiguda
2. Two CD Copics. )M,, \t/ HIGH COURT DATED:2211212025 DECREE SA.No.29 OF 2025 ALLOWING THE I.A.No.S OF 2025 & CLOSING THE APPEAL S,t 6 "/'