The High Court · 2025

PetitionunderSectionl5lCPCprayingthatinthecircumstancesstatedin the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner and the respondent to enter into a compromise in terms of the MOU in the interest of lustice and I n circumstances of the case. Counsel for the Appellant : SRl. P RAMACHANDRAN Counsel for the Respondent : SRI K CHAITANYA The Court delivered the following: JUDGMENT THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY I.A-No.3 oF 2025 IN/AND A o COMMON JUOGMENT: {Per Hon'ble sri Justice Abhinand Kumar sfiavili) This appeal is filed aggrieved by the judgment and decree' dated 15.10.2024, passed in O.S.No'446 of 2016 by the learned XIV Additional Chief Judge, City Civil Court, Hyderabad' I.A.No.3 of 2025, under Order XXIII Rule 2 read with Section 2. 151 C.P.C., is filed seeking to permit the appellant and the respondent to enter into compromise in terms of the Memorandum of Understanding, dated 23.09.2025, entered into between the appellant and the respondent.

3. Heard Sri P.Ramachandran, learned counsel for the learned counsel for the appellant/defendant and Sri K.Chaitanya, respondenVPlaintiff.

4. When the matter is taken up for hearing, learned counsel for the appellant and leamed counsel for the respondent has informed the Court that the subject matter of the appeal has been amicably settled between the parties and to that effect the appellant and the i 2 AXS,J 6. VRrc,J C.C.C.A-No.25 of202S respondent have entered into a Memorandum of Undersfanding, dated 23.09.2025, which was annexed to I.A.No.3 of 2025. 5. In view of the same, both the learned counsel submitted that the appeal may be allowed in terms of the Memorandum of Understanding, dated 23.0g-zlzs, entered into between the appellant and the respondent.

6. Both the parties are present in the Court and they are identified by their respective counsel. Both the parties have stated before this Court that they have amicably settled the dispute outside the Court and they have entered into a Memorandum oF Understanding, dated 23.Og.2OZS.

7. In view of the said submissions and in view of the Memorandum oF Understanding, dated 23.09.2025, entered into between the appellant and the respondent, this Court is of the considered view that the impugned judgment and decree, dated 15.1O.2024, is liable to be set aside. B. Accordingly, I.A.No.3 of 2025 and the appeat are allowed in terms of the Memorandum of Understanding, clated 23.Og.2025, entered into between the appellant and the respondent, and the judgment and decree, dated 15.10.2024, passed in O.S.No.446 of 3 A(S,J & VRRRJ C.C.C-A" No-25 of 2{)25 2016 by the learned XIV Additional Chief Judge, City Civil Court, Hyderabad, is set aside. The Memorandum of Understanding, dated

23.09.2025, shall form part of the decree. There shall be no order as to costs. Miscellaneous Applications, if any, pending in this appeal, sfiall stand closed. SD/. R. KARTHIKEYAN JOINT REGISTRAR //TRUE COPY// ECTION OFFICER I To, 1 2 3 4 The XIV Additional Chief Judge, City Civil Court, H One CC to SRl. P RAMACHANDRAN Advocate [OPUC] One CC to SRl. K CHAITANYA Advocate [OPUCI Two CD Copies (Atong with copy ol the MOV) Y* HIGH COURT DATED:24l0gl2025 JUOGMENT l.A.No.3 OF 2025 IN/AND CCCA.No.25 of 2O25 \) *o t t 1 ilE S 14 ^ 25nmtW e x C.. -,... \.:: ') * -t ALLOWING THE APPEAL Gco *<ru %-"w F Fr% I MEMORANDUM OF UNDERSTANDING This memorandum of understanding is made apd,,oxecuted on this 23rd day of Septembet 2025 bJ'and between Sri B.Jaya Nageswara Reddy son of late Sri-B'V't{clran Reddy, aged about' Years, occ: sitting MLA, resident of Yammiganur, Kurnool District, herein after called rrrst party, whictr includes a.tt his legal heirs, representatives and assignees etc., as one Part- Sri, Gorantla Brahma Naidu, son of 'late 'ItiarnB lcidhhaiah, aged about years,Occ: Business, Resident of 4-20=62, Bank Colon5r main road, Near JKC coltege, Ring Road, Guntur District, hbrbin after called the second par$2, which includes alt his legal heirs, r'eprcsen';ative s, and assignees etc', as otlrer par$r - " r WHEREAS t].e second party heiein iias hled a suit for recovery of money against the first party in os No. 446 OIt 2015, on the file of xlvth additional cheif Judge, ciEy civil court at Hyderabad and after due contest , the suit is decreccl oo LS.LO.2024. $IHEREAS the first par-ty being a ggrieved by the judgement and deiree passed by the hon,ble XIV'I'I I additional chief',Judge, city civil court, at Hydcrabad, thc first party herein.Iilcd an appeal L,efore the l{on',ble High court of Telangana at Hyderabad in CCCA NO':s OF 2025, and the said appeal got admitted by granting stay or1 a corrdition to deposit 50 % of the decreetal amoun[ within a period of 8 weeks on 17.07 .2025 and also suspended the judgrnent and decrce' thc first VIHEREAS the second party herein iried an EP for arrcst against pLlrsuance to thc dccree passed by the court in EP NO'6 OF B-.1'_=- A 2025, on the hle of IIND ACditional Chidt Judge, Kurnool at Adoni, and the same is pending before the said court. WIIEREAS pending the above cases, both the parties have arrived for a compromise on the advise of the well wishers and accordingly decided to withdraw tlte cases against each other by entering into an MOU on the following terms and conditions which is narrated below as follows:

1. The hrst party herein has agreed to pay an amount to the second party ald the second party has agreed to receive the same and in accordance to the same tJle first party paid an amount of 5O,O0,OOO (trfty lakhs ) by wzry two DD'S VIDE DD bearing no. O7O8IO drawn on UNION Bank of India, Guntur branch, for an amount of Rs. 20,OO,OOO and DD bearing no. 0O3O79 drawn on HDFC Bank, kavuri Hills branch for an amount of Rs. 3O,00.,O00 said amount is paid by the hrst party today zrnd the second party has received the same towards thc full and hnal setLlement in pursuance of the decree and judgment passed by thc .XIWr additional Chief Judge City civil court at Hyderabad in OS NO.446l2016.

2. The second partv in pursuance to the receiving of the said amount has undertake to terminate the EP no.6 of 2025, filed by the second party on the first party immediately which is pending on the hle ol IInd Additiona-l District Judge at Adoni at Kurnool.

3. It has been decided by both the parties that the first party shall file a Join[ memo in the appeal in CCCA.no.2S of 2025 as settled and the second parly shall cooperate in getting thc appeal allowed by setting asrdc thc judgrncnt and decree in OS no 446 of 2016 on the hle o[ XIVTh dd tional Chief Judge City civil court at Hyderabad datcd Eilffir

15.1O.2024 the suit in pursuance to the amount rebeived towards full and frnal settlement as agreed. above,

4. The second partSr herein declare that there are no claims whatsoever in nature (either movable or immovable) and there are no other suit or cases hled and pending against the first party. The second party hereby declares that the second party shall not file any cases, through his friends, relatives and supporters against tJle first part5z' thereafter and there are no cases frled or pending between the hrst party and second party except the above case.

5. The second party herein declares and states that this said MOU is made and executed at Hyderabq.d with his free will and consent and there is no force and coercion in executing this MOU.

6. This MOU is made and executed by the parties by stretching their respective hands on this the day o[ 23rd. September '2025 Hyderabad FIR PARTY Witness: SECOND PARTY IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWENW FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENW FIVE PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY l.A.No.3 OF 2025 IN/AND CITY CIVIL COURT APPEAL NO: 25 OF 2025 Between Sri. B. Jaya Nageswara Reddy, S/o. Late BV.Mohan-B{y'Agedabout 54 vears. Oduoati6n Business, No. 112415-1 , Opposite GM Petrol Bunk, Besidq taiu'Babu' House, Near Rand B, Guest House, Yemmiganur 518360, Kurnool District, Andhra Pradesh, APPELLANT in lA.No.3 ot 2025 AND Sri Gorantla Brahmma Naidu, S/o. Late Rama Krishnaiah, Aged 65 Years, Oicupation Business, Rlo.4'20-62, Qqn!-C-o^l!!rY, Main Road, Near JKC Collele, Ring Road, Guntur District, AP-522002 RESPONDENT in lA.No.3 ot 2025 Appeal filed under Section 96 of C.P-C., R/VV Order 41 Rule 1 of C P'C ' against the judgment and decree in o.s.No.446 of 2016, dated ',l5.10.2024 on the file of the XIV Additional Chief Judge, City Civil Court at Hyderabad ORDER: This appeal coming on for hcaring and upon perusing the grounds of D".."" of the Lowcr Court and the matcrial paPers in the appeal, the Judgment peiition and up-on hearing the argument of Sri P. Ramachandran, Advocate for the -sri x. craitanya, Advocate for the respondent/plaintift appellant/defendant and "nd -----7 That this Court doth Order and Decree as follows: the decree. l' That I.A.No.3 of2025 and the appear are be and hereby allowed in terms ofthe Memorandum of Undcrstanding, dated 23.09,2025, entered into betw,een the appellant and thc rcsponden t. 2. That thejudgmenr and dccree, dated 15.r0.2025 passed in o.s.No.446 of2016 by the learned XIV Additional Chief Judgc, City Ci;il Court, Hyderabad is set aside. 3. That the ll{emoran,um of Undcrstanding, dated 23.09.2025, shall form part of 4. That the first parf1, hcrein has agreed to pay an amount to the second parfy and thc second part)'has agreed to receive the samc and in accordance to theiame the first parg. paid an amounr of Rs.50,00,000 (Fifry lakhs) by way of two DD,s VIDE DD bcaring No.070gr0 drawn on uNIoN Ba;k of India, cuntur n.arr"tr, for an amount of Rs.20,00,000 and DD bearing No.003079 drawn on HDFC Bank, Kavuri Hills branch for an amount of Rs.J0,00,0001- oia ,.ou"t i, p"iJ by the first party today and the second party has received the same towards the full and final settlement in pursuance of the decree and judgment pr*r"a ty tf," XI\/ additionar Chief Judge, Cig civ Court ar Hyderabad in o.s.No.geizoto.

5. That the sccond parf.v in pursuance to the receivin! of the said amount has undcrtakc to terminate thc Ep.No.6 0t 2025, fired by the second parg,on the first parg' immediatel5' * hich is pending on the file of thc II Addition;l uirt.i"t irag. at Adoni at Kurnool. 6. That, it ha-s hcen dccidcd b1'both the parties that the first party sha file a Joint memo in the appeal in CCCA.No.25 of 2025 as settled and ihe iecond party shall :oo_!.jTt" in gctting the appeal allowed by setting aside thc judgment rnd iec.ee in o.S.No.446 .f 20 r 6 0n rhe fire of XIV Additionar chief Judg;, Ciry Civil Court at H1'derabad, datcd I5.10.2024 the suit in pursuance to the amount received torvards full and final settlemcnt as agreed above. That the second part5' hcrein dectare that therc are no craims rvhatsoever I nature (either movablt'or immovable) and there are no other suit or cases filed and pending against the firsf party. The second party hereby declared that the second partv shall not filc any cases, through tris frienas, relativcs and supporters against the first parh,, thereafter and there are no cases filed or pcnding bef*,een the first party and second party except the above case. '[hat the second party herein declares and states that tiris said Mou is made and cxccuted at Hydcrabad with his frec will and consent and there is no force and cocrcion in exccuting this MOU. There shall bc no Order as to costs. 7 8 11fl(uE <ory;1 SD/. R. KARTHIKEYAN JOINT REGISTRAR 'thc XIV Addirional Chicf Jud Trvo (iD Copies. I 2 Y*' ge, City Civil Court, Hyderabad. i\, CTf,otv o Ffjrc-2- 9 To .t i I I HIGH COURT DATED:2410912025 DECREE !.A.No.3 OF 2025 IN/AND CCCA.No.25 ot 2025 ALLOWING THIi APPEAL u,fa &*'