The High Court · 2025

1. Smt.Salma@Saleema B^egrLm,_Wo Mohd. Basheeruddin, Age:35 years. Occ: Househotd, R/o Noori c6tn stores, i;k';"h;r,- B;;;,;;a; ffi#;; Mandat, Dist.Nizamabad, AnOhra piiie 2. Mr.Qaderuddin. S/o [\/ohd pasheeruddin, Age:19 years, Occ: Unemoloved. 5L.,ni,-"."".#,3j:iif,,fi i:t,I111'ft ;;;i?H";"ai_virrJst#',ii,;;i;, 3. Ms.Shabana Beoum . D/o. Mohd.Basheeruddin. Age:15 Vears. Occ: Unemptoyed, R/o-Noori Ctoth Si;;e;i;ir..jiH",jlo, Banswada Vilage and Mandat, Dist.Nizamabad, nnonra FiiOb.nl-""' """ ... Respondents/Appe[ants/Defendants 4, Asst.Director of Animal Husbandry, Banswada, Nizamabad. 5. Joint Director of Animal Husbandry, Shivaji Nagar, Nizamabad. 6. Director of Animal Husbandry, Shanthi nagar, Hyderabad. ...Respondents/RespondenLs/Defendants l.A. NO: 1OF 2014( SAMP. NO: 2644OF 20141 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 the operation of the judgment and decree passed by the learned Senior Civil Judge at Bodhan at Nizamabad District in AS.No.5 of 2010 dated 23- l1- 2010 during the pendency of the SA. lA NO: 1 OF 2025 Petition under Order 23 Rule 3 rlw 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to allow this second appeal based on the terms of compromise/MOU entered by the Defendants and plaintiffs and thererby direct the Defendants No.4 to 6 to release the retirement benefits of the deceased late Mohammed Basheeruddin. Counsel for the Appellants: M/s. Akkam Eshwar Counsel for the Respondent No.1: None Appeared Counsel for the Respondents No.2 & 3: Sri P. Ramesh Babu Counsel for the Respondents No.4 to 6: GP FOR ARBITRATION The Court delivered the following: JUDGMENT THE HON'BLE SHRI JUSTICE ANIL KUMAR JUI{ANTI I.A.No. 1 of 2o25. ln aad SECOND APPEAL No.926 of 2Ol4 JUDGMENT: This Second Appeal is filed challenging the judgment and decree, dated 23.11.2010, in A.S.No.S of 2010 on the frle of learned Senior Civil Judge, Bodhan, Nizamabad District, wherein the decree and judgment passed by learned Junior Civil Judge, Banswada, in O.S.No.12 of 2OO3, dated 31.05.201O, was party allowed .

2. O.S.No.12 of 2OO3 was filed by appellants/plaintiffs for declaration that plaintiffs are the regal heirs of the deceased Mohammed Basheeruddin ald that they are entitled for the service benefits and for consequential directions to defendant Nos.4 to 6 (respondent Nos.4 to 6 herein) to release gratuity, provident fund etc. to praintiffs and to restrain the defendant Nos.4 to 6 (respondent Nos.4 to 6 herein) from releasing the service benefits in favour of defendant Nos. 1 to 3 (respondent Nos.1 to 3 herein). 2 JAK, J sA 926 2014

3. LA.No.1 of 2015 is filed seeking permission to allow the second appeal based on the terms of compromise entered by defendants iNos.1 ald 3) (respondent/ defendant itlo.2 died) and plaintiffs and to direct defendant Nos.4 to 6 to release the retirement benefits of the deceased late Mohammed Basheeruddin

4. Memoraldum of Understanding entered be1-ween the appellants/plaintiffs ald respondent Nos.1 and 3 (defendant Nos.l and 3) is filed as an annexure to I.A.No.1 of ,2025. It is observed from the Memorandum of Understanding entered on

12.12.2024 that parties have entered into compro mise with certain terms and conditions. The parties have attested their signatures and learned counsel for appellants and rr:spondent Nos. 1 and 3 also attested their signatures.

5. On the last occasion, when the matter w'es called, learned counsel(s) appearing on both sides submitted that appellants and respondent Nos.l and 3 intend to compromise the matter and filed I.A.No.1 of 2025 to that extent It is also submitted that respondent No.2 (Mr. Qaderuddin) died and that he does not have any issues. This Court directed the 3 JAK, J sA 926 20t4 parties to appear before the High Court Legal Services Committee for identification along with their counsels.

6. A report is submitted by High Court Legal Services Cornmittee that parties appeared before the Committee and were duly identified in the presence of their counsels and both parties willfully, without coercion, entered into compromise.

7. In yiew of the affidavit and memorandum of understanding liled along with I.A.No.1 of 2025 and the report of the High Court Legal Services Committee, this Court is of the opinion that no further orders need to be passed in this matter. The matter is liable to be disposed of in terms of the compromise entered i.e., memorarrdum of understanding.

8. Accordingly, I.A.No. I of 2025 is ordered and the second appeal is disposed of in terms of the compromise entered. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- K. sRtNtvASA RAO J INT REGI STRAR //TRUE COPY// ECTION OFFICER ric t (wi th reco rd s, ir a n v) tffi^ :',iXtllfi,;#: ?sB ftT I3[TArl?'^XiSfi :iEi"J"r#rortheStateorreransana To, . 1 . The Senior Civil 2. One CC to M/s 3. One CC to Sri p 4. Two CCs to Gp * -,1- Pffi-coni"" I i l HIGH COURT DATED:1 910212025 JUDGMENT+COMPROMISE DECREE l.A.No.1 of 2025 in/and SA.No.926 ot 2014 -iHE s I,1 16: B J o U 21ilAn m i)c.: ((' t' i; .L *S l.A.No.1 of 20251S ORDERED & THE SECOND APPEAL IS DISPOSED OF IN TERMS OF COMPROMISE $ \ NOW THIS DEED OF MEMORANDUM OF UNDERSTANDING ItrITNESSETH AS FOLLOWS

1. That both the parties are entitled lhe retireme.nt benehts of the deceased employee Mohammed Basheeruddin, i.e., (1) Pension (2) Gratuity (3)cPF (4) Leave Encashment (5) Gro!.p Insurance (GI) and (6) Govt. Life Insurance (LIG) etc., (the same is referred as Retirement Benefits for brevity) from the governmerit i.e., from the Defendants No. 4 to 6

2. That both the parties are agreed to share equally (50:50) the retirement benefits afte r deduction the legal expenses. (1/4tn) from the retirement benehts of late Mohammed Basheeruddin.

3. That, the First Party are agreed and given consent in favour of the Second Party/wife of the deceased (Di) to get future pension from the department (D4 to D6).

4. That, the Second Party agreed to give consont in favour of the First Party (Plaintiff No.2) to get employment on compassionate gtound with his own expenses and further agreed to cooperate in 1e said process of getting employment in favour of the Piainliff Ip2. Nr

5. Tt frat, both the parties are agreed to stick on their words with the [ove compromise and cooperate with each other ti1l the lmpletion of the process of releasing of the amount from the fvernment (D4 to D6) and in getting employment in favour of le Plaintiff No.2. I c 0 {-a\,\4. Jq-" {qveev Sko-n-"'n , A-4 )_-,, s\abqr,ra, ' r:- -: n # 6. That, the parties hereby declare that there is nQ collusion' undue influence or coercion upon them rin entering into this Memorandum o{ Understanding B'oth the part-ir:s read and undler:stood the eontents of this Memorandum of understanding and agreed to the above mentioned terms and conditions by signing the preselt Memoran'ium of Understanding in the presence of witnesses' In.witness whe::eof, the above-mentioned parties have signed on 12rH of December 2024 trIITNESSES: 1.S1o) "^"'L'^" ? 2 n^h /4- FIRST PARTY

1. Sh,,.v-'.P-eI-, g'^-'{**o^q o TAVEED SECOND PARTY 4 t .' x'\., 5 h^,htha 1 2 ,thl41,9L--- C-oc.^h 9.J 4.,qsLz ?r+.-U ^,t ."*fliiZ {4vonat'u [ 3384 J IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABM WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI Between: t.A.No.1 ol 2O2i in/ahd SECOND APPEAL No: 926 ot 2014 1 Miss.Shammem Sultana D/o _ Mohd Bhaseeruddin, Age:21 years, Occ: Househotd, R/o H no 3-i-20, aesloel D;;";ffi;i Medicat Ha,, Narsi Road, Bodhan Mr.Musheeruddin Javeed S/o Mohd.Basheeruddin, Muslim, Age:ig years, occ Unemproved. R/o n no e-irb, -B;-;iJ". bilh'L"rshmi Medicar Har, Narsi Road. Bodhan .. Petitioners/Appellants/Respondents/pla intiffs [email protected] Begum,-Wo Mohd.Basheeruddin, Age:35 years, Occ: 'Stores, T";k;-i;;, -B;hsi;;; niii;;;;; Househotd, Ryo Noori Ct6th Mandal, Dist.Nizamabad, Andhra piilesf,- '-' Mr.Qaderuddin, S/o Mohd Basheeruddin, Age:19 years, Occ: Unemployed, R/o Noori Cloth Stores raotot noao, vittage ;J [i;;d"t: 'B-";";"1; Ms.Shabana Bequm. D/o. Mohd. Basheeruddin, Agre: 15 years, Occ: -Noori crotn Stores, 1i; k;i il;b, b5,ii*ra J Vir-r'g" "r;; U nemp toyed, R/o Mandal, Dist.Nizamabad, Andhra pradbsh.- '-' ...Respondents/Respondents/Appellants/Defendants

4. Asst.Director of Animal Husbandry, Banswada, Nizamabad. 5. Joint Director of Animal Husbandry, Shivaji Nagar, Nizamabad. 6. Director of Animal Husbandry, Shanthi nagar, Hyderabad. ...Respondents/Respondents/Defendants Appeal under section 100 of C.p.C. aggrieved by the Judgment and Decree dated 23-11-2010 passed in AS.No.S of 2010 on the fire of the court of the Senior Civil Judge, Bodhan, Nizamabad District. 2 AND 1 2 3 l.A.No.1 ol 2025:- Petition under Order 23 Rule 3 rlw 151 of CPC praying that in the circumstances sta ed in the affidavit filed inrsupport of the petition, the High Court may be please d to allow this second appeal based on the terms of compromise/MOU enkrred by the Defendants and plaintiffs and thereby direct the Defendants No.4 to 6 to release the retirement benefits of the deceased late Mohammed Basheerurldin. The appeal and miscellaneous petition coming this day for,lrders as to settlement in the presence of M/s. Akkam Eshwar, Advocate for the appellants and of Sri P. Ramesh Eiabu, Advocate for the respondents No.2 & 3 and GP FOR ARBITRATION for the respondents No.4 1o 6 through their respective Advocates having filed in lA. No. I ol 2025 requesting the court to pass a decree in terms of compromise entered irrto between them and upon perusing the grounds appeal, judgment and decree r,f the lower court and the memo of compromise purporting to have been signed b1,the parties and their Advocates and filed witl'r the said lA. No. 1 of 2025 and it is appearing from the said memorandum of compromise that the parties herein hav: entered into compromise and settled the matter out of court in terms memorandum of compromise filed herein. This Court DOTH FIECORD the terms of compromise in original where of is filed in the said lA. No. I of 2025 and a copy whereof is annexed hereto and DOTH in terms of the said memorandum of compromise declare IIECREE as follows: ' 1. That the l.A.No.1 ol 2025 be and hereby is ordered; 2. fhal both the pa ties are entitled to the retirement benefits of the deceased employee Mohan med Basheeruddin, i.e., (1) Pension (2) Gratuity (3) GPF (4) Leave Encashm€ nt (5) Group lnsurance (Gl) and (6) Govt. Life lnsurance (LlG) etc., (the sitme is referred as Retirement Benefits for brevity) from the government i.e., f -om the Defendants No. 4 to 6;

3. That both the pa lies agreed to share equally (50:50) the retirement benefits after deduction th-. Iegal expenses (1i4th) from the retirement benefits of late Mohammed Basheeruddin;

4. That, the First party agreed and given consent in favour of the Secud Parlylwife of the deceased (D1 ) to get future pension from the department (D4 to D6); 5' That' the second party agreed to give ctnsent in favour of the First party (Plaintiff No.2) to get employment on compassionate ground with his own expenses and further agreed to cooperate in the said process of getting employment in favour of the plaintiff No.2; 6 That' both the parties agreed to stick on their words with the above compromise and cooperate with each other ti, the compretion of the process of releasing of the amount from the govemment (D4 to D6) and in getting employment in favour of the plaintiff No.2; 7' That, the parties hereby decrare that there is no corusion, undue influence or coercion upon them in entering into this Memorandum of Understanding; and

8. That there shall be no order as to costs in this appeal. //TRUE COPYII Sd/- K. SRINIVASA RAO INT REGIS ECTION OFFICER

1. The Senior Civil Judge, Bodhan, Nizamabad District 2. Two CD Copies To, kam/Nsk w HIGH COURT DATED:1 910212025 COMPROMISE DECREE l.A.No.1 of 2O25 in/and SA.No.926 ot 2O14 l.A.No.1 of 20251S ORDERED & THE SECOND APPEAL IS DISPOSED OF IN TERMS OF COMPROMISE l? zleo