The High Court · 2025
Case Details
1. [//s G.P.R. Housing Private Ltd. Regd. Office at6-3-78813212, First Floor, Opp. Big Zazar (Gold Spot), Ameerpe, Hyderabad. Rep. by its Project lVlanager, Sri. G. Bapaiah Chowdaru S/o Laxmi Narayana, Aged about 65 year, Occ. Business, F/o- Ameerpet, Hyderabad.
2. Smt. M. Krishna Kumari, W/o. Ir4.V. Krishnaiah, Age about.55 years, Occ. House hold, trJo.3-1-577, Himayath Nagar, Hyderabad.
3. P. Venugopal, S/o Raghavaiah, Aged about 57 years. Occ: Busincess, Rl,/o Flat No. 308, SRB Residency Miyapur, Hyderabad. 500 049. ...Respondents/Defendant No.2 & 3 lA NO: 1 OF 2023 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 suspend operation of the Judgment and Decree dated 1211212022, in O.S.No.97 of 2015, passed by the Special Judge for Trial of Offences Under Scheduled Castes and Schedule Tribes (POA) Act 1989 -cum- lll Session Judge, Sanga Reddy. lA NO: 3 OF 2023 Petition under section '151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may t)e pleased to permit Mr.Shaibaz Shareef S/o.Mr.Rahmat Shareef, aged abcut 31 years, Occ.Business, R/o.H.No.10-3-274111.A1t1 , Humayun Nagar, Hyderabad, being the authorized person of Mls.G.P.R.Housing private Limited i.e., the petitioner herein, to represent and appear before this Hon'ble court in AS No.55 of 2()2J as well as lA No.2 of 2023. Counsel forthe Appellant: Sri Katika Ravinder Reddy Counsel forthe Respondent No.1 : Sri Naresh Reddy Chinnolla Counsel forthe Respondent No.2 : Sri K Arun Kumar Counsel forthe Respondent No.3 : G Venkatesh Tfe Court delivered the following: Judgment HON'BLE SRI JUSTICE ABHINAND KUMAR SHA\rILI AND HON'BI-E SMT JUSTICE TIRUMAI-A DEVI EADA A.S.No.55 OF 2023 NT: (Per Hon'bb Si futtia Abhirand Ktnar Shauili) \fltren the matter is taken up for hearing, Ieamed courel appearing for the appellant as u/ell as leamed counsel apPearing for the 1', respondent had informed that the rnaffer has been senled out of Coun amicably between the appellant and the 1-" respondent and to that effect Joint Compromise Memo dated 1,0.03.2023 has been filed and hence, the appeal maybe disposed of in terms of the Joint Compromise Memo. Sd Arun Kumar, leamed counsei appearing for the 2"d respondent had contended that the said Joint Compromise IVIemo was filed without corsult of the 2"d respondent, therefore, the said Joint Compromise Memo cannot be recorded. Fhving considered the said submissions, this Coun is of the view that the 1" respondent has filed O.S.No.97 of 2075 {or declaration of title in respect of lands admeasuring Ac'1'18 guntas in Sy.No.128, Ac.l.24 guntas in Sy.No.165, 4c.1.04 I I 2 guntas in Sr,.No.163, in all, Ac.4.06 guntas of land situated at Muthangi Village, Patancheru N4andal, Medak District. fu the appellant ha' suffered at the hands of the 1" respondenr, the appellant is cntitled to enter into compromrse with rhe 1" respondent. 11: the 2"d respondent has any grievance, h,: has to file independent proceedings agairst any of the persons, bur he has no locus siondi to oppose the Joint Compromise Mem,r. Accordingly, the Appeal is disposed of in terms cf Joint Compromise Memo dated 1,0.03.2023 filed bythe appel ant and 1,, respondent. Miscellaneous petitions, if any, pending shall stand closed. //TRUE COPY// SD/. K SHYLESHI ,',f:'^t*==glsrlAl .-- ''1 'secrton oFFrcER I To,
1. The Special Judge for Trial of Offences Under Scheduled Castes and Schedule Tribes (POA) Act 1989 -cum- lll Additional Distrir:t and Session judge, Sanga Reddy(With records)
2. One CC to Sri Katika Ravinder Reddy, Advocate tOpUCl 3. One CC to Sri Naresh Reddy Chinnolla, Advocate tOpUCl 4. One CC to Sri K Arun Kumar, Advocate tOpUCI 5. One CC to G Verkatesh, Advocate [OpUC 6. Two CD Copies ADK Along with a copy ol .toint compromise Memo) I I I I l I i t' ) -::--r-..rel.| , HIGH COURT DATED:0310412025 t JUDGMENT AS.No.SS of 2023 .r: H1 :; ir fai 5 2 APB 2[25 v o .-J o (-) \ * 9O = DISPOSING OF THE APPEAL SUIT 0 I b \ IN TIIE HIGH COI'RT OF JI'DICATTIRE FOR STATE OF TELANGANA AT HTDERABAD I.A.NO. oF 2023 IN A.S.NO. 55 0F 2023 Between: P.Amith Agarwal S/o.Prakash Agarwal aged about 48 years, Occ:Business, R /o.H.No. 8-2-232, Banjarahills, Hyderabad. And i n M/s.G.P.R.Housing Private Limited Regd. Office aL# 6-3-78813212, Filst Floor, Opp:Big Bazar, Ameerpet, Hyderabad-5000 16, Rep. by ils Director Sri Ghanta Kalyan Babu S/o.Sri G.Punna Rao, R/o.Fiat No.90l, Vayu Btock, My Home Navadweepa, Madhapur, Serilingampalty, Hydcrabad. 2 3 Smt. M.Krishna Kumari P.Venugopal . . . Appellant . ..RespondentNo. I @espondents 2 and 3 are not necessary parties to this compromise) JOINTMEMO FILED ONBEIIALF OF APPELLANT AS WELL AS RESPONDENT-1
1. That the 1't respondent herein i.e., the plaintiff had frled OS No.97l2015 on the file of Special Judge for Trial ol otl"ences under the Scheduieci Caste an<i Scheduled Tribes @OA) Act, 1989-cum-III Additional District & Sessions Judge, Sangareddy, for declaration of title in respect of lands bearing sy.no.128 admeasuring Ac.1-18 Gts., sy.no.165 admeasuring Ac.l-24 Gts., and sy.no.163 admeasuring Ac.1-04 Gts., total admeasuring Ac.4-06 Gts., situated at Muthangi Village, Patancheru Mandal, Sangaredd.T District and to declare the registered sale deed No.l 582/2015 and for perpetual injunclion. J a'lJ', FOT G.P-R HCUCi]iE FvT. LTD. G-,,--_--------* Dlroctar
2. That after')iearing both parties and after full fledged trial, the Court below had decreecl th,r suit by its judgnrent dated:12.12.2022 declaring the l.t respondent/plainrilT as absolute owner e.ud possessor of'suit schedrLle lands and also declared the registered sale deed No.1582i2015 as forged, impe.rsonated and non-est in the cyc :flaw and also granted perpetual injunction.
3. Tbat being aggrieved by .Jre judgrneni anit decree-dated :12.12 2022 pzissed in OS No.97l2015 on the file of Special Judge for Trial of offenc:s under the Scheduled Caste rnd Scheduled Tribes @OA) Act, 1989-cum-Il t Additional District & Sessiors Judge, Sangareddy, the appellantlDefendant N:.1 filed the above appeal.
4. settled the matter Thcreafter u,ith intervention of well wishers and elders, both parties 'rmicably out of the Court, and out of said settle:nent, on the instructions of th. appellant, his associates issued demand draft for ern amount of Rs.1,00,00.000/- (Rupees One crorc only) bearing DD No.21g376 dated:02.02.2023 rlrawn on Kotak Mahindra Bank, Hyderabad, in he name of GPR Housing Priy*te Limited, which was accepted and credited to tte account of the 1't respondenl/plaintiff and accordingly, the 1't respondent/l.laintiff had relinquished all it s lawful rights ovcr suit schedule lands in fa sour of the Inr^llor.: /.-J^ll',..'l^., l.l^ I
5. That 1st rc,spondent/plaintiff her.eby declares that from todr:y onwards, neither the 1't respondent/plaintiff herelr nor anybody claiming thr-ough or under it, have any lawfu I rights or claims whatsoever over suit schedule lands and have fully relinquishecr its all rights over suit schedule lands in far our of the appellanl./delendanr No. l.
6. Though the respondent Nos.2 and 3 herein being defendant Ncs.2 and 3 in the suit made as rr:spondents/parties to,,iris appeal, however,.they are formal and not necessary partres, since they have aiready sold suit schedule lant.s in favour the 1"t respondenthlaintiff. ' For G.P.R I'lOUSi:lG PVT. !-TD. -Pru-'"1;\ G-" ' -3- 7. Accordingly, out of above settlement, the l't respondent/plaintiff prayed this Hon'ble Court to allow the ,^..S.NO. 55 OF ZO23 in favour of appellant/defendant No.l by dismissing the judgment and decree dated:12.12.2022 passed in os No.97l20 r 5 on the file ol Special Judge lor Trial of offences under the Scheduled Caste aird Scheduled Tribes (pOA) Act, 19g9- cumlll Additional District & Sessions Juclge, Sangareddy. It is therefore prayed that this Hon'ble Court may be pleaied to record the joint memo of compromise and allow the A.S.No. 55 of 2023 in favour of appellant/delendant No.l and as against the lst respondent/plaintill by setting aside the judgment and decree dated:12.12.2022 passed in OS No.97i2015 on the file. of Special Judge for Trial of oflbnces under the Scheduled Caste and * Scheduled Tribes (POA) Act, 1989-cu,r-III Additional District & Sessions Judge, Sangareddy, and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstanccs ofthe case. Hence this joint memo. J Appellant For G.F.ft :.t;JJ:; :: r,riiT. i-T!. l-------''v----a Respondent No.1 Dirsetcr Hyderabad, Dt.10.03.2023. ounsel fq ndent- 1 Counsel for Appellant