Rep. by its Managing Director v. NagiReddy S/o. Narsi Reddy, aged
Case Details
the First Appellate Court in AS. No.43 ot 2022, on the file of the Principal District Judge at Nagarkurnool, pending disposal of the above appeal. IA NO: 2 OF 2024 Between: M/s. Sri Srinivasa Builders, Hyderabad Registration No.420 of 2001, dated 18-04- 2001, Rep. by its Managing Director, V NagiReddy S/o. Narsi Reddy, aged 73 years, PavanIuri Colony, Saroornagar, H.No.8-4-39, Hyderabad. ... Petitioner/RespondenURespondent AND 1 2 J 4 5 b A.Janga Reddy, S/o. A.Laxma Reddy (died) per LRs A.Sudarshan Reddy, S/o. Laxma Reddy, age 63 years, R/o. 13-1 14, Kalwakurthy town, Nagarkurnool District. A.Prema Latha, W/o. Kanga Reddy, age 68 years, Wo. 13-114, Kalwakurthy town, Nagarkurnool District. A.Malini, W/o. Vijaya lrilohan Reddy, age 52 years, R/o. H.No.3-5-4, Vivekananda Nagar, Kukatpally, Hyderabad. A.tvlalathi, \ //o. P.Vinod Reddy, age 50 years, H.No.19-1, Rammandir Road, Badepally, Jadcherla town and mandal, Ivlahbubnagar Dist. Y.lr/anjula, W/o. Ivladhusudhan Reddy, age 48 years, R/o. H.No.17-10- 397 lllcll45,Saraswathi Nagar, Saidabad, Hyderabad. ...Respondents/Petitioners/Appellants 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 vacate the interinr stay order dated 30-04-2024 made in lA.No.'1 of 2024 in SA No. 194 ol 2024. lA NO: 1 OF 2025 Petition under Order 23 Rule 3, R/w 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 record the said memorandum of compromise in the above appeal SA No.194 of 2024 and pass in accordance therewith. Counsel for the Appellants: Sri Ajgal Ravi Babu Counsel for the Respondent: Sri K. Krishna Mohan The Court made the following: COMMON ORDER I I HON'BLE SRI JUSTTCE LAXMI NARAYANA ALISHETTY IA.No.1 of 2025 In/and SECOND APPEAL No.l94 of2024 COMMON ORDER: This Second Appeal is filed questioning the judgment and decree dated 12.03.2024 passed in AS.No.43 of 2022 on the file of Principal District Judge, Nagarkumool. 2. The respondent paftnership firm is represented by its Managing Partner-V.Nagi Reddy. It is represented that partnership flrm consists of only two partners-V.Nagi Reddy and his wife- V.Sudhamani, W/o V.Nagi ReddY.
3. During the pendency of the Appeal, the parties to the litigation have amicably resolved the inter se dispute and the terms of compromise were recorded which was enclosed to I'A'No'l of
4. Today, the petitioners as well as the respondents are present in person and both the parties are identifred by their respective counsel. The signed photostat copies of Aadhar cards of both the parties are verified. \ 2
5. The Memorandum of Compromise filed along with I.A.No.1 of 2025 is taken on record. In terms thereof the Second Appeal is disposed of-. The Memorandum of Compromise duly signed by both the parties shall be enclosed to this order. "
6. Miscellaneous petitions. pending if any, shatl stand closed. \ I //TRUE COPY// Sdi- MOHD. ISMAIL DEPI"JTY REGISTRAR SI: CTION OFFICER To, 1 . The Principal District Judge, Nagarkurnool (with records, if any) 2. The Additional Senior Civil Judge, Mahabubnagar. 3. One CC to Srl Ajgal Ravi Babu, Advocate [OPUC] 4. One CC to Sri K. Krishna Mohan, Advocate [OPUC] 5. Two CD Copies t I I HIGH COURT DATED:2910412025 COMMON ORDER+COMPROMISE DECREE l.A.No.1 of 2025 ln/and SA.No.194 of 2024 .1 \ t.,,, ! 7s ,/t '{, .; u- o -i Hgr * I / DISPOSING OF THE SECOND APPEAL IN TERMS OF COMPROMISE 7 ,44 4,/-g' ,/25 i=ii*Al INTI]EHIGHCOT]RTFORTHESTATEOFTEI,ANGANA AT : : HYDERABAD- S.A.No. 194 of 2024 Betrveen: A. A.I angaReddy S/o.A.LaxmaReddy(died) perlRs y'. A.Sudarshan Reddy S/o. Laxma Reddy, age 63 years, R/o. 1 3 - I I 4,Kalwakurthy town,Nagarkurnool Di strict. ). A.PremaLatha Wo.Janga Reddy, age 68years, - R/o.13-1 l4,Kalwakurthy town,Nagarkumool District. 4. A.Mal in i Wo. Vij aya Mohan Reddy,a ge52y ear s, "' R/o.H.No.3-5-4,Vivekananda Nagar,Kukatpaily,Hyderabad. -5. A.Malathi Wo. P.Vinod Reddy, age 50 years, " H.No. l9-1, Rammandir Road.Badepally, Jadcherla town and mandal,Mahbubnagar Dist.
6. Y.ManjulaWo.Madhusudhan Red<iy,age48years, "/ R/o. H.No. I 7- l-391 lcl I 45,sarasrvarlri Nagar, Saidabad,Hyderabad. ...Appellants AND zNlls. Sri Srinivasa Builders, Hyderabad " Registration No.420o200 I ,Dt I 8-04-2001 , Rep.by its Managing Director,V.NagiReddy S/o. Narsi Reddy, aged73 years, H.No. 8-4-3 9,Pavanpuri Colony, Saroomagar,Hyderabad . . . Respondent MEMORANDUM OF COMPROMI SF], FILI'D UNDER ORDER23 RULE 3 OF CPC I The above named Appellants preferred this Second Appeal against the Judgment and decree dated 12-03-2024 passed in ASNo.43 of 2O22.on the file of the Principal District & Sessions Judge, Nagarkurnool reversing the k{rc q 6roJ J C-J Y A),fu y,A4 ryrJ* I i 2 \ fiir, Judgment and Decree dated,0l-04-2021 passed in oSNo.g4 0f 20060n the file of the IIAddl.Senior Civil Judge (ffc), Mahabubnagar. The Defendants I to 6 (D_l & D_2 are the brothers and D_3 to D_6 are the wife & daughters of the D-r) are theApperants herein and the plaintiff is the Respondenr here in.The praintiff instituted the suit o.S.No.g4l2006 0n the File of the Courl of the 2d Additional Senior Civil Judge (FTC) at Mahbubnagar, originally against the Defendants l to 3 seeking the relief of passing a decree for Specific performance of Agreements of sale Dated. 19- O5-rggg & 25-06-lgggdirecting the Defendants to execute Registered sale Deeds in respect of remaining 30 plots out of Ac.0l-20 guntas of land as shown in layout plan in survey Nos.13, I4 and 15 admeasuring total extent of Acs'7-00 guntas of rand situated at Kalwakurthy Town by taking barance amount and in-default, to appoint court officer to execute the same and for costs of the suit.
3. The Defendant No.l (A.Janga Reddy) died during rhe pendency of the suit and his legdr representatives (Daughters) were brought on record as the Defendants 4 to 6'The Defendant no.ri.e.A.Janga Reddy during his rife time executed a registered Gift Deed bearing document No.4957/2006 dated 21-04-2006 in favour of rhe Appel 1 4yL^C ere in conveying 3.i plots out of ( . A'L&'oJ-; u"J - / ll^ I X,m--,rylo- W Iant No.5 h -.1 I @ :: 3 :: Survey Nos.13 and 14, total admeasuring 6886 Sq. yards, situated at Kalwakurthv.
4. During pendency ofthis second appeal, the parlies herein considerin! the long pending dispute and at the adv.ice of the well-wishers, lriends have mutually agreed to settle the matter amicably and decided to put quietus ro rhe lirigation regarding the abovementioned plots covered by the afore, said registered Gift Deed.
5. In pursuance of the said compromise, the Parties herein have mutually entered in to the Memorandum ol Understanding dated:16-0-4-2025 and in pursuance of the same, the matter is settlcd amicably on the following terms and conditions: NOW THEREFORE THIS MEMORANDUM OF COMPROMISE WITNESSETH AS UNDER: a) The Appellants/Defendants and the Respondent/Plaintiff herein have agreed to settle, resolve their dispute and in lieu of the Appellants receiving the balance sale consideration from the Respondent /Plaintiff towards the sale of suit schedule property, both parties got allocated among themselves the suit schedule Property Plots and another plot no 208/Ai.e. 15 plots and %half portion of plot no.208/A each by this deed of compromise. + /-l ^ A (oJoJip a9 ,"Lh)_ - | -t\ilu,il,. I, O";+rl* \ L P# 4 b) The Appellants/Defendants are ailocated, earmarkeci with the following plots: plot Nos.72, 73,95,134,139. 163, 169. i71. t72/A, t74,175,176,20g, 226, 227 / A and half (L /2)portion of the plot no.2Og/ A(More particularlv shown hereundcr in the ANNEXLTRE=I) c) The Respondent/praintiff is ailocated, earmarked with the fo,owing plots: PlotNos. 74,t02, i31, 138, 168, 184, 187, 188, 207,208,214,227,22g, 230' 246 and half portion (t/2) of the plot.No .20g/A(More par-ticularrv shown hereunder in the ANNEXLIRE_II) d) The Appeliants hereby rerinquish their undivided interesr, right and titre in the Schedule property-B, prots a,ocated to the Respondent herein in favour of the Respondent and a, appellants will jointly execute the sale deed/s in favour of the Respondent or their nominee/s for conveying the plots more c learly shown in Annexure_Il. . ,., e) The Appelranr no'5 i.e. A. Marini along with the other Appelrants as consenting parties under-take and agreed to execute necessary Registered Conveyance Deed or Sale Deed or such other Deeds or Documents, rogether with deriver of possession of the Schedure property-B plots in favour of the Respondent herein or their nominees , representatives etg ,tn tAz{-dttt .--\1\ ,' R @] aSa U ) -") P Y, or $J* \ ,4 tt,1 i I {faa{6. ::5:: f) The Respondent/Plaintiff hereby give up its claim over the plots' wfrich are more clearly mentioned in the Annexure-I' (Ptots allocated to the Appellants here) in favour of the Appellants' - itlominees shatl bear- the g) The Respondent or their Representatives, necessary Stamp Duty and Registration charges' the process of execution and registration of necessary conveyance deed which is agreed to be completed within two weeks from the date of the filing of this Compromise ,: Memo in this second aPPeal' h) The Respondent hereby declares that it shatl not have any right' title' claim and interest with regard to the remaining plots (excluding the Schedule property-B plots) covered under the registered Gifl Deed bearing Doct. No.4957 12006, of SRO, Katwakurthy, which are-the exclusive and absolute property of the Appellants herein' i) The Respondent shall not raise any dispute' file cases' petitions before any court of law or authority against the.Appellants or their nominees' representatives, family members etc', The allegations' counter allegations made hereto against the appellants/defendants shall be deemed to have been withdrawn bY these Presences' j) The Appellants or their family members shall not raise any dispute' file cases, petitions before any court of law or authority against the Respondent or their nominees, representatives The al leg ions, counter allegations made -( 1t/ J :- fuz@ ->a(90 Jow / L*)r- A (1 \ /t / # 6 hereto against the Respondent/plaintiff shall be deemecl to have been withdrawn by these presences. k) Both parties have mutually agreed to selr prot No. 20glA ro any third party and agreed to shaie each of half of the sale consideration and further agreed to fix the sale consideration by both parties. I) Both partics agreed to bare their own stamp duty, legal expenses, registration charges and other miscellaneous expenditure if any for registration of their respective plots. m) The Appe,ants hereby decrare that they have not entered.into an' agreement, understanding with any third parties with regard to the plots earmarked to the llespondent herein. n) Both parties hereby agreed that the compromise agreed shall be valid, enforceable and legally binding on the respective parties ancl their nominees, representatives, s u ccessors. o) The Appellants sha, extend fu, cooperation with the Respondent herein for conveying prols alrotted to them or in the name of their nominee in the manner whatever they wish. p) Both parties agreed to extend their best cooperation with each other for the purpose ofprovicling a valid, legal, clear title to the properfy/plots covered under the aforesaid gift deed. n Y :- f;z"aas - a'@tfu"r3 1 UL '{ N i I 1 It is therefore prayed that the Hon'ble court may please to record the said memorandum of compromise in the above appeal SA No'194 o12024' and pass in accordance therewith and pass such other ordei and further orders as are deemed just and exPedier It in the circumstances of the case' /5"/t'' K. SUDARSHAN REDDY + A.P ,'1 J Gr'Jror=9 REMALAiI'IA Ailb- SMT. A. MALINI P SM]" A, MALATIII y,(\6"w Y. MANJULA APPELLANTS B RESPO I\,I/S. SRI SRINIVAS BUILDERS Rep. by Managing Director V. Nagi ReddY- k\c-=' COLTNSEL FOR THE RESPONDENT COLTNSEL FOI{ THE APPELLANTS f \ .\NNEXU RE -I (The Appellants/Def-endants are allocated' earmarked with the following plots covered by Giti Settlement Deed No'4957/2006' SRO Kalwakurthy) Plot Nos. 72' 73, 95 134 ri9 163 169 t7l 1721A t74 175 t76 208iA (l/2 share) 209 226 2271A COLNSIl FOR UE PII.IITIONERS I 1r t/ f* ANNEXURE-II is allocated' earmarked with' the fotlowing plots covered by Gift Settlement Deed No'4 957 12006'SRO Kalwakurthy) (The Respondent'IPlaintiff 74 rn, 131 138 168 184 187 r88 207 208 2O8l A (l12 Half share) 214 227 229 230 246 Y-\c_=-6- <\----D- COLINSEL FOR TIIE RESPO NDE,N'T [3383 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND TWENry FIVE PRESENT THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY l.A.No.1 of 2025 ln/and SECOND APPEAL No: 194 of 2024 Between:
1. A.Janga Reddy, S/o. A.Laxma Reddy (died) per LRs 2. A.Sudarshan Reddy, S/o. Laxma Reddy, age 63 years, Ri/o. 13-1 14, Kalwakurthy town, Nagarkurnool District.
3. A.Prema Latha, W/o. Kanga Reddy, age 68 years, Rl/o. 13-1 14, Kalwakurthy town, Nagarkurnool District.
4. A.Malini, W/o. Vijaya Mohan Reddy, age 52 years, R/o. H.No.3-5-4, Vivekananda Nagar, Kukatpally, Hyderabad.
5. A.Malathi, W/o. P.Vinod Reddy, age 50 years, H.No.19-1, Rammandir Road, Badepally, Jadcherla town and mandal, Mahbubnagar Dist.
6. Y.Manjula, Wo. Madhusudhan Reddy, age 48 years, RJo. H.No.17-10- 397 lllcll45,Saraswathi Nagar, Saidabad, Hyderabad. ...Appellants/Respondents/Defendants AND M/s. Sri Srinivasa Builders, Hyderabad Regiskation No.420 of 2001, dated 18-04- 2001, Rep. by its Managing Director, V. NagiReddy S/o. Narsi Reddy, aged 73 years, Pavanpuri Colony, Saroornagar, H.No.8-4-39, Hyderabad. ... RespondenUAppellanUPlaintiff Appeal filed under Section 100 of C.P.C. against the Judgment and Decree dated 12-03-2024 passed in A.S.No.43 ot 2022 on the file of the Court of the Principal District Judge, Nagarkurnool, preferred against the Judgment dated 01-04- 2021 in OS.No.94 of 2006 on the file of the Court of the Additional Senior Civil Judge, Mahabubnagar. 1- lA NO: 1 oF 2025 Petition under Order 23 Rule 3, R/w 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 record the said memorandum of compromise in the above appeal SA No.194 of 2024 and pass in accordance therewith. This appeal and l.A coming this day for orders as to settlement in the presence of Sri Ajgal Ravi Babu, Advocate for the appellant and of Sri K. Krishna Mohan, Advocate for the respondent, Appellant and respondent through their respective advocates having filed in l.A.No.'1 of 2025 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 flled with said l.A.No.1 of 2O25 and it appearing from the said memorandum of compromise that the parties herein have entered into compromise and seftled 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 2025 and a copy whereof is annexed hereto and DOTH in terms of the said memorandum of compromise declare ORDER and DECREE in S.A.No.194 of 2024 as follows:
1. That the S.A.No.194 of 2024 be and hereby is allowed in part and LA. No.1 of 2025 is disposed of in terms of the Memorandum of Compromise;
2. That the Appellants/Defendants and the Respond enUPlaintiff herein have agreed to settle, resolve their dispute and in lieu of the Appellants receiving the balance sale consideration from the RespondenUPlaintiff towards the sale of suit schedule property, both parties got allocated among themselves the suit schedule property Plots and another plot no.208/A i.e. 15 plots and lz hall portion of plot no.208/A each by this deed;
3. That the Appellants/Defendants are allocated, earmarked with the following plots: Plot Nos.72, 73, 95, 134, 139, 163, 169, 171,1721A, 174, 175, 176,209,226, 22714 and half (112) portion of the plot no.208/A (More particularly shown hereunder in the ANNEXURE-1);
4. That the RespondenUPlaintiff is allocated, earmarked with the following plots: Plot Nos.74, 1 02, 1 31, 1 38, 1 68,184,187,188,207,208,21 4,227'229'230'246 and half portion(1i2) of the Plot No.208/A (More particularly shown hereunder in the ANNEXURE-ll);
5. That the Appellants hereby relinquish their undivided interest, right and title in the schedule property-B, Plots allocated to the Respondent herein in favour of the sale deed/s in favour the Respondent and all appellants will jointly of the Respondent or their nominee/s for conveyhg the plots more clearly "xecut" shown in Annexure-lli
6. That the Appellant no.S i.e. A. Malini along with the other Appellants as consenting parties undertake and agreed to execute necessary Registered Conveyance Deed or Sale Deed or such other Deeds or Documents, together with deliver of possession of the Schedule Property-B Plots in favour of the Respondent herein or their nominees, representatives etc.
7. That the RespondenVPlaintiff hereby give up its claim over the plots, which are more clearly mentioned in the Annexure-|, (Plots allocated to the Appellants here) in favour of the Appellants;
8. That the Respondent or their Representatives, Nominees shall bear the necessary Stamp Duty and Registration charges, the process of execution and registration of necessary conveyance deed which is agreed to be completed within two weeks form the date of the filing of this Compromise Memo in this second appeal;
9. That the Respondent hereby declares that it shall not have any right, title, claim and interest with regard to the remaining plots (excluding the Schedule property-B plots) covered under the registered Gift Deed bearing Doct' No.4957 of 2006, of SRO, Kalwakurthy, which are the exclusive and absolute property of the Appellants herein;
10.That the Respondent shall not raise any dispute, flle cases, petitions before any court of law or authority against the Appellants or their nominees, representatives, family members etc., The allegations, counter allegations made hereto against the appellants/defendants shall be deemed to have been withd rawn by these presences;
11.That the Appellants or their family members shall not raise any dispute, file cases, petitions before any court of law or authority against the Respondent or their nominess, representatives. The allegations, counter allegations made hereto against the RespondenVPlaintiff shall be deemed to have been withdrawn by these presences;
12.That both the parties have mutually agreed to sell plot No.208/4 to any third party and agreed to share each of half of the sale consideration and further agreed to fix the sale consideration by both parties;
13.That both parties agreed to bare their own stamp duty, legal expenses, registration charges and other miscellaneous - expenditure if any for registration of thelr respective plots; '14. That the Appellants hereby declare that they have not entered into any agreement, understating with any third parties with regard to the plots earmarked to the Respondent herein;
15.That both parties hereby agreed that the compromise agreed shall be valid, enforceable and legally binding on the respective parties and their nominees, representatives, successors;
16.That the Appellants shall extend full cooperation with the Respondent herein for conveying plots allotted to them or in the name of their nominee in the manner whatever they wish; and
17.That both parties agreed to extend their best cooperation with each other for the purpose of providing a valid, legal, clear title to the property/plots covered under the aforesaid gift deed. //TRUE COPY// SI/- MOHD. ISMAIL DEF'Ury REGISTRAR SECTION OFFICER To, 1 . The Principal District Judge, Nagarkurnool 2. The Additional Senior Civil Judge, Mahabubnagar 3. Two CD Copies 4/' HIGH COURT DATED:2910412025 l-t lr 'l r:l .'i Y .$ $ o, o u- \\ f:'rt-i * > l: ..' COMPROMISE DECREE l.A.No.1 of 2025 !n/and SA.No.194 of 2024 DISPOSING OF THE SECOND APPEAL IN TERMS OF COMPROMISE , 4.4 /1 {