L JUDGMENT. (per Hon'ble Sn Ju.slice P-Sam Koshy) Heard Sri v. Venkata Mayur

House of Srinivas Marri Venkaram Reddy House of Simham lA NO: 1 OF 2024 Petition under Order 23 Rule 3 riw 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 dispose of the Appeal AS No. 285 of 2021 in terms of the Compromise memo by modifying the Decree and Judgment of the trial court in OS No. 10't2 ot 2012, date 15-1 1-2019 on the file of the Court of the XVI Additional District Judge, Ranga Reddy District at Malkajgiri by passing the Final Decree. Counsel for the Appellant : Sri V Venkata Mayur Counsel for the Respondents : Sri Srinivas Polavarapu The Court delivered the following Judgment : THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO I.A. No.l of 2024 in/and A.S.No.285 OF 2O2L JUDGMENT. (per Hon'ble Sn Ju.slice P-Sam Koshy) Heard Sri V. Venkata Mayur, learned counsel for the appellant and Sri Srinivas Polavarapu, learned counsel for the respondents

2. Learned Counsel for the petitioner/appellant by filing the above I.A. pravs for disposal of the above appeal in terms of the compromise arrived at between the parties.

3. On the previous date of hearing i.e. on 02.O 1.2025, this Court has referred the matter to the Secretary, High Court Legal Services Committee, who in turn shall identify the parties and record the compromise arrived at between the parties. The parties had entered appearance before the Secretary, High Court Legal Services Committee, and who in turn submitted a report on O2.O1.2025 itself. 2

4. The present first appeal under Section 96 of C.P.C. was filed challenging the judgment and decree dated 15.11.2019 passed in O.S. No.1O12 of 2072. The suit filed by the plaintiff for partition and separate possession, u,as dismissed by the trial Court. Against which, the present appeal has been filed. Pending appeal before this Court, the parties have now entered into a compromise by Memorandum of Compromise in November 2024 - The terms of the compromise are re-produced hereunder: "A) TLe Parties No.2 to 4 agreed to giue ltem No.Il of Schedule-D Propertg of the Suit i.e., House bearing Gram Panchagat No.5-1O6, admeasuing 260 Sq. Yards sifimted Medchal Village and Manda[ Ranga Reddg Distict nout Medchal-Malkajgii Distict to Partg No.1 herein. Thus the Partg No.l shall enjog the soid propertg u.tith absolute ight as ouner from the date of recording of this Compromise Memo. The Parties No.2 to 4 or their Legal Heirs, Representatiueg Assignees etc., shall not raise any claim or interest ouer the aboue said ltem in future. The Parties No.2 to 4 u-till cooperate utith Party No.1 to get her name mutated in the Propertg Tax Register, in the Electricity ond Water Department records. From tLLe date of recording the Compromise tlte Partg No.1 has to pag Taxes, Charges or other leuies to tlLe concented Depafiment. I I I t ( 3 B) The Parties No.2 to 4 ttill get jointlg tlLe properties descibed in Schedule-A, Schedule-B and Schedule-C and Item No.1 of Schedule-D of the Suit Schedule Properties. The Patlg No.l or her Legal Heirs, Representatiues, Assignees etc., shall not raise afta claim or Interest ouer tlose items in fuhtre. The Partg No.l will cooperatiue uith Partg Nos.2 to 4 to get their names mutdted in the Reuenue Records as uell as the Propertg Tax Register maintained by the Gram Panchagat and also in the Electicitg and Water Works records. C) The Parties shall bear the cost of the Litigation and also for mutation of their names in the Records. Likewise, if any Stamp Dutg and Registration Chargers are liable to be paid on an"A document or instrument or decrees, the same has to be borne bg the Parties as per the ualue of the properties allotted to the porties. D) The patlies agreed to get the Appeal disposed of in tenns of the Compromise Memo bg modifuing the Decree passed bg the Tial Court in O.S.No.1O12 o.f 2O12, dated 15-11-2019 and prays the Honourable Court to pass a Final Decree in terms of the Compromise Merno."

5. In terms of the compromise entered into between the parties, which have been re-produced in the preceding paragraph, the present appeal stands disposed of in terms of the aforesaid terms and conditions of the compromise. 4

6. Accordingly, the application is ordered. Consequently, the appeal is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall stald closed. //TRUE COPY// Sd/. K. SRINTVASA RAO JOINT EGISTRAR S ON OFFICER To,

1. The XVI Additional District and Sessions Ju{ge.9u.q-Xvl Additional ' rvi"iti,r;,iritL s6"sion Lri;",'ni"g' Reddv D-rstrict (with records' if anv) 2. One CC to Sd V Venkata Mayur, Advocate [OPUC] 3. One CC to Sri Srinivas Polavarapu, Advocate [OPUC] 4. Two CD CoPies O.n \\/ L\- \, HIGH COURT DATED:0710112025 JUDGMENT + DECREE ( 2 DRAFTS ) l.A.No.1 of 2024 in / and AS.No.285 of 2021 5E1 T.1 r4, <i t -) :) t) Lo i. / 27 lllt ?ffi Ci -\ * I -i1 * PA.T C ORDERING THE I.A. & DISPOSING OF THE APPEAL I @1xl t*' I I MEMORA.NDUUI OF COMPIIOMISE This Memorandum of Compromise is executed on this the.-th day of Novemb er,2024 at Medchal between:

1. 2 J 4 Smt. Kamalamma, Wo. Buchi Reddy, aged 69 Years, Occupation: Housewife R/o. H.No.3-,r7i 1, Gomaram Village, Shivampet Mandal. Medak District (APPELLANT HEREIN) Pasham Saffanarayana Recldy,l S/o. Late IGshi Reddy, aged 64 Years, Occupation: Retireil, R/o. Sy.No.97, Umanagar, Behind Medchal Bus Stop, Medchal, Medchal-Malkajagiri District. (RESPONDDII{'I No. I HEREIN) Pasham Sudhakar Reddy, Sl,-.r. Late Kashi Redd1,, Aged 60 Years, Occupation: Government Service, R/o. FI.No.10-148, Near Girl Hostel, Medchal, Medchal N4alkaj giri District. (I{ESPONDENT No.2 HEREIN) Pasham Dasharath Reddy, Sio. Late Kashi Reddy, aged 58 Years, Occupation: Private Service, 1l/o. H.No.i0-i48, Near Giri Flostel, Medchal, Malkaj giri Districi. (RESPONDEN-| No.3 HEREIN) (HEREIN AFTER REFERR]JD AS PARTIES TO THE MEMORANDUM OF COMPROIIJISE WHICH TERM SHALL MEAN AND INCLI]DES ALL THEIR LEGAL HEIRS, SUCCESSORS, ASSIGNEES ETC..) WIIEREAS, the Party No.1 herein filed the Suit bearing O.S.No.1012 of 2012 on the file of the Court of the XVIth Additionat District Judge, Ranga Reddy Court, at Malkajgiri for Partition of the Suit Schedule Properties i.e., Schedule A to D Pr-operties ancl to allot 1/4s share to her from out of the Suit Properties. The Said Suit was clismissed on 15-11-

2019. Challenging the Decree and Juclqement passed in the O.S.No.1012 rbtu? A* (.'tq d c4 \ E ^ = '= (g g;E.=g=CRo:oa -3:EE:S E:gE8 Eiu:;: *€n?"ni EZFEii E*q€E€ : H .-,.€G.Bb._g Q,)^=c.-qo.:X7-sG l9b90E;EEEHci R ; € E { g # [ ' i s q 6CrHo e-gYg/.H;Ei'::FE :ro'8 E:;8=.EsE'E r -ts a.v e -.8-; G 3) d-9 E e+.Ec,j3orbg9:o E9p.6PE5'o?d162 A.Eta::cT*.r",6 .c!tr2!:;bEsJpF Hcr-^E.E,Ejie,6='E :;zSfi:XE",.Hg; !oinA=g:ij-o(,-o c;5 F5d e S.E E 3 t,E E ;uE€9a9eiq4:? (gc,,r-\'n'iaa).!tt ==F..!).0) !: .) - = ,^:- t'i€; 9EEE'EEJE R;r';pil3HEseq.A rEn_q=ESEEEgEE -= =--1 !, q! c!^sh.o !-,t LJ o () ()a o n C) o hr) o o $ o c! (-) 0) F ..id,;(nb ;o0.5.doo[i ;=E=Ed'E .AN,Efi^F=.Ho^ 01r---.c Zcq-r-E."P c;=F.iF >r=:l;(J cB4t'-62-!-) EEhcdbSiS ^FEdE=sE oO>o).n bneE=EtrE<E,r 'th!3o-()H E/igE.i-o oo f F-'r o- -6 E 'E .c':'tr'cU:u) Eg'A'!!.289 _q) a'e di o J'-a-ai l?gS=o^oar ri->-=Yar-(,P (J ^ Cl ,, (.,) () i, -- I a\ t'1 Io.i:9q"9.!o .t/.)()(.,-: U l-< .-'(E=:aa /'(4:o.1]r- Aai;9"''l orY-o'i; €X6heE; Ef;.flc5.E r-c,.!q<^i i(B>'rir.Y: x(u.d5Ei3Fc!!-,, E€P.FZ2E ='=(sL_ L^ C) .5 |,, Hoo o t- (g o.o a o () (D 03 o (B () o o h q o X L. o o o o. b o o o t! () o h0 0) X CdF o a. o A z A o (s op. o o \i- o a-..1 () a-) h0 = ooq) q-r o o d "C, o c o c).o o (J 0) !oq o o. () A o C) h0 B o ^ c)2 }. a o o z E 0) 'o CB () .o o 0) .j o .4.o t-..1 13 C) E 9? o C) () o o 0) o o o () (-) (-) X c€F cJ o z. a o t- A o ,c F ) o o(n I(J () o U) --P{a\ a )JJ -{n .o- ( t-,-' the Suit Schedule properties. The parff No.l or her Legal Heirs, Representatives, Assignees etc., shall not raise any claim or interest over those.Items in furure. The parf iilo.l will cooperative *ith p.ryN;r; to 4 to get their names mutated in the Revenue Records as well as the Properly Tax Register maintained b-y the Gram panchayat and also in the Electricity and Water Works records. C) The parties shall bear the cost of the Litigation and also for mutation of their names in the Recorcls. Likewise, if any Stamp Orr, * Regishation Charges are liable to be paid on any docume", ,rr,;;.;; or decrees, the same has to be borne by the parties as per the value of the properties allotted to the parties. D) The parties agreed to get tlre Compromise Memo by modifying th O.S.No.1012 0f2012, dated 15_11_2 to pass a Final Decree in ternis of the IAi WITNESS WHIREOF., respective signafures unto this Mem W1LL and Consent on the day, monrh Appeal disposed of in terms of the e Decree passed by the Trial Court in 0i9 and prays the Honourable Courl Compromise Memo. the Parties above namecl set their orandum of Compromise with free and year first above mentioned. ". -pB5"u&/ Signature of the Appellant t.- \N\r^l= Counsel for Appellant Signatu f the Respon nt No.1 Signatur.e of the ndent No.2 ?'Y.("-o-1 Srgnalure of the Respondent No.3 \'G'',, Re$pondents No.l to -3 Counscl for I I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO l.A. NO: 1 OF 2024 IN / AND APPEAL SUIT NO: 285 OF 2021 Between: Smt. Kamalamma, Wo. Buchi Reddy, Aged 66 years, Occ. House-wife, Rl/o. Gomaram Village, Shivampet Mandai, Medak Disirict AND ...Appellant / Plaintiff

1. Pasham Satyanarayana Reddy, S/o. Late Kashi Reddy, Aged 58 years, Occ. Govt Service, R/o. Sy.No.97, Umanagar, Behind N/edihal-Bus Stdp, Medchal, Ranga Reddy District

2. Pasham Sudhakar Rgddy, S/o. Late Kashi Reddy, Aged 56 years, Occ. Govt. Service, R/o. H.No.10-148, Near Girl Hostet, Medchal, Rang'a Reddy District

3. Pasham Dasarath Reddy, S/o. Late Kashi Reddy, Aged 53 years, Occ. Agriculture, R/o. H.No,10-148, Near Girl Hostel, Meichal, Ranga'Reddy District

4. Smt. Kamalamma, W/o. Late Kashi Reddy (Died per LRs) Appeat under Section 96 of CpC asainst the ;;#:::::T:: 11-2019 made in o.s.No.1012 of 2o1z on the fite of the court of the XVt Additionat District and sessions Judge cum-XVl Additional Metropolitan Session Judge, Ranga Reddy District. Application filed under Order 23 Rule 3 r/w Section 151 of CpC praying that the High court may be pleased to pass a decree in terms of the Memorandum of compromise filed therewith as between the Appeilant / plaintiff and Respondents / Defendants in the said l.A.No.1 of 2024 on the file of the High Court. I I The appeal and l.A coming this day for orders as to settlement in the presence of sri V Venkata Mayur, Advocate for the Appellant and of sri srinivas Polavarapu, Advocate for the Respondents; Appellant and Respondents through their respective advocates having filed in l.A.No.1 of 2O24 requesting the court to paSS a decree in terms the memorandum of compromise entered into between them and upon perusing the grounds appeal, Judgment and Decree of the Lower court and the memo of compromise purporting to have been signed by the parties and their Advocates and filed with said I.A.No.1 ol 2024 and it appearing from the said memorandum of compromise that the parties herein have entered into compromise and settled the matter out of court in terms memorandum of compromise filed herein. This Court Doth Record the terms of the said memorandum of compromise in original whereof is filed in the said l.A.No.1 of 2024 and a copy whereof is annexed hereto and DOTH in terms of the said memorandum of coppromise declare ORDER and DECREE in A.S.No.285 of 2021 as follows:

1. That the Parties No.2 to 4 agreed to give ltem No.ll of Schedule-D Property of the Suit i.e., House bearing Gram Panchayat No.5-106, admeasuring 260 Sq.Yards situated Medchal Village and Mandal, Ranga Reddy District now Medchal-Malkajgiri District to Party No.1 herein. Thus the Party No. 'l shall enjoy the said property with absolute right as owner from the date of recording of this Compromise Memo. The Parties No.2 to 4 or their Legal Heirs' Representatives, Assignees etc., shall not raise any claim or interest over the above said ltem in future. The Parties No.2 to 4 will cooperate with Party No.1 to get her name mutuated in the Property Tax Register, in the Electricity and Water Department records. From the date of recording the Compromise the Party No.'1 has to pay Taxes, Charges or other levies to the concerned Department.

2. That the Parties No.2 to 4 will get jointly the properties described in Schedule- A, Schedule-B and Schedule-C and ltem No.1 of Schedule-D of the Suit Schedule Properties. The Party No.1 or her Legal Heirs, Representatives' Assignees etc., shall not raise any claim or interest over those ltems in future. The Party No.1 will cooperative with Party Nos.2 to 4 to get their names mutated in the Revenue Records as well as the Property Tax Register maintained by the Gram Panchayat and also in the Electricity and Water Works records.

3. That the Pa(ies shall bear the cost of the Litigation and also for mutation of their names in the Records. Likewise, if any Stamp Duty and Registration Charges are liable to be paid on any document or instrument or decrees, the same has to be borne by the Parties as per the value of the properties allotted to the parties.

4. That the parties agreed to get the Appeal disposed of in terms of the Compromise Memo by modifying the Decree passed by the Trial Court in O.S.No.1012 of 2012 dated'15-1 1-20'19. Sd/- K. SRINIVASA RAO JOINT REGISTR.AR //TRUE COPY// To, SECTION OFFICER

1. The XVI Additional District and Sessions Judge cum-XVl Additional lVletropolitan Session Judge, Ranga Reddy District

2. Two CD Copies / HIGH COURT DATED:0710112025 DECREE l.A.No.1 o12024 in / and AS.No.285 of 2021 ORDERING THE I.A. & DISPOSING OF THE APPEAL q & @rq'Yt