A. Vijaya Kumar v. K. Usha & Ors.

…Petitioner/appellant/Defendant No.2 Vs. K. Usha and others. A.S.No. 516 of 2011 Between: A. Vijaya Kumar K. Usha and others …Respondents …Appellant/Defendant No.2 Vs. …Respondents/Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N. RAVI SHANKAR A.S.M.P.No. 1031of 2012 And A.S.No. 516 of 2011 Dated 27-04-2012 ORAL ORDER: (Per: GR,J) This appeal arises out of the partition suit i.e., O.S.No. 60 of 2006 on the file of learned IV-Additional District Judge, Visakhapatnam, which was decreed granting plaintiff 1/3rd share the plaint schedule property. The 2nd defendant, the brother has filed this appeal. The parties are close relatives. Today the appellant-2nd defendant A. Vijaya Kumar, the 1st respondent-plaintiff Smt. K. Usha and the 2nd respondent – Smt. A. Jagadamba, who is the mother of plaintiff and 2nd defendant are all present. They filed the present application (A.S.M.P.No. 1031 of 2012) for recording compromise on the plea they have compromised the matter and a decree be passed in terms of the compromise in the suit itself. Today all the parties are present and admit the terms of compromise. Sri V.S.R. Anjaneyulu, learned counsel for the appellant and Sri T.S. Anand, learned counsel for the 1st and 2nd respondent who are present state that the parties herein have compromised the matter and they confirm the same. The memorandum of compromise states respondent Nos. 3 to 5 in the appeal are tenants and they have vacated the premises. In the above circumstances, there shall be a decree in the suit itself in terms of compromise. The petition (A.S.M.P.No. 1031 of 2012) is ordered accordingly. Consequently, the judgment and decree in the suit is modified in terms of compromise and the appeal is disposed of accordingly. No costs. __________________________ JUSTICE GODA RAGHURAM ____________________________ JUSTICE N. RAVI SHANKAR Dated: 27-04-2012 Pvks/*