The High Court · 2025

Mahipathi Sririvasa Rao, Sio. Ramalin R/o H. No. 19-1-48, Opp, Karur Vysya Khammam D strict. o B am, Age about 47 ,re ars, Occ. Business, ank, Paloncha Tov,n and l\4andal, AND Maddasani Janardhan Rao, S/o Kondaiah, Aged about 50 yr:ars, Occ. Divisional Engineer, AP Transco, Member/ECC, Room No. 619, .A P Transco, Vidyuth Soudha, Khairatabad, Hyderabad. APPE L LANT/DEFENDANT REST'ONDENT/PLAINTIFF Petition under Section 148 R/w 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High ()c urt may be pleased to vacate the interim order granted in l.A. No.2 of 2019 in lrS.No.340 of 2019, dt.0glo7 12019. IANO: 1O F 2024 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 direct the Accounts Officer/Salary Disbursement Officer, CE/HPC and HP/APGENCO' Vidyuthsouda, R/o. lbrahimpatnam, Vijaywada, to hold a sum of Rs 8,50,000/- (Rupees Eight Lakhs and Fifty Thousand only) out of the retirement benefits of the Appellant pending disposal of the main appeal. Counsel for the Appellant : MS. PRATYUSHA BOPPANA Counsel for the Respondents : SRI L N BHADRIRAJU The Court dlivered the following: JUDGMENT THE HON'BLE SMT. JUSTICE RENUKA'I'ARA I.A.No.1 OF 2025 IN AND APPEAL SUIT No.34O OF 2019 COMMON JUDGMENT: This acpeal is filed by the appellant/ defendan t rggrieved by the judgment and decree dated 31. 12.2018 passecl ir L O.S.No. 182 of 2O13 brv the Arlditional Senior Civil Judge at Kothrirudcm.

2. Durinrl pendenct' ol tLrc prcs('lrl , lJrcirl. tlLe ;rppcJlattt,'rlt fr:nr'lant f ikrd l.A.No. I ol- il)25 tLrtdci- Or l XXIII Rurc 1 3 ol (lPC tr r-r Corrl Colnl)r'oillrs(' lr\ l)cI th( \r ' orirn(lrtrn ol C)ornprontist: datr:tl 01 .05.2025 crrtcrr<l iirto btt\\ t'( r lrr- l1;pclltLrtt and thc rcspcnrlcnt and to disposc ol'ttre appeal irr'., r linqlr

3. Both the learned counsel present and both tl.rrr p:rrties are also present in rhe Court today

4. Both the parties report.r:d thal rhcv \roluntar'1. t'nLcrcd int<r the compronisc as pcr the Mernorantlum o1' (lorrr ;r omist- di'tted O 1.0r.2025 anncxed to LA.No. I r>[ 20'25. As sr-rch i:r vir:q of the compromise arrived at betr,,,ecn thc parties, tht: I p prcal ci,rn be disposcrl of i I t( rrns ol thr. r'omprumisc. 2

5. In the result, LA.No. 1 of 2O2S is allowed and the Appeal Suit No.340 of 2Ol9 is allowed in terms of the Memorandum of Compromise dated O 1.05.2025 entered into between the parties. However, liberty is granted to the respondent/plaintiff to withdraw the amounts in terms of the compromise. The Memorandum of Compromise dated O 1.05.2025 shall be part of this judgment. Miscellaneous petitions, if any, pending in this appeal shall sLand closed. There shall be no order as to costs. ! //TRUE COPY// /: A.V.S.S.C.S.M.SARMA JOINT REGISTRAR SECTION OFFICER To, 1 2 3 4 The Addl, Senior Civil Judge, Kothagudem. (with re One CC to MS. PRATUSHA BOPPANA Advocate [OPUC] s if any) One CC to SRl. L N BHADRIRAJU Advocate [OPUC] Two CD Copies P5L ( Along with the copies of order dt.8.7.2019 in l.A.No.2 of 2019 and o-det dt.1 .11.2022 in LA.No.3 of 2019 in A.S.No.340 of 20'19 and the Memorandum of Compromise.) K- 1 HIGH COURT DATED:0210512025 COMMON JUDGMENT l.A.No.1 OF 2025 IN / AND AS.No.340 of 2019 1t{: ;t ( o(,) 26 t" 2025 *. J.- /-l(:<',. - j-L,,tt . .. ;. ,.t l,;, -,, - 1l {i !i:.':/ ALTOWING THE I.A. AND APPEAL (ooa*<e'rr ko\a' ab\' HIGH COURT FOR THE STATE OF TELANGANA AT HYDERAEAD MONDAY, THE EIGHTH DAY OF ]ULY TU/O THOUSAND AND NINTEEN [ 2s94 ] IA5E :PRESENT: THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM IA No. 2 OF 2019 IN AS NO: 34O OF 2019 a eD Between: f'4addsani Janardhan Rao S/o Kondaiah ., . Petitioner (Appellant in AS 340 OF 2019 on the frle of High Cou|t) AND I\,1a h pathi Srinivasa Rao S/o. Ramalingam, A9e about 47 years, occ. Business, R/o H. No. 19-1-48, Opp. Karur Vysya Bank, Pa oncha Town and Mand3l, Khammam District. .,.Respondent (Respondents in-do-) Counsel for the Petitione r counsel for the Respondent : SRI A VENKATESH Petition under Section 151 CPC praying that in the circumstances stated in the affldavit filed in support oi the petltion. the High Court may be pleased to suspend the ludgement and Decree dated 31.12.2018 passed by the Additlonal Senior Civil ludge, At Kothagudem decreeing OS 182 of 2013, pending disposai or AS No. 340 of 2019, on the file of the High Court. The court while directlng issue of notice to the Respondent here n to show cause as to why this application should not be complied r^/rth, made the foliowing order,(The receipt of this order wili be deemed to be the receipt oi notice in the case). ORDER There shall be interim suspension of execution of the judgment and decree, dated 31.12.2018 passed by the learned Additional Senior Civil in o.s.No.182 of 2013, subject to the condition of the Judg€, Kothagudem, petitioner depositing one-fourth of the decretal amount and entire suit costs, within a period of six weeks from today, in default, the staY shall stand vacated without further recourse to the Court, On such dePosit, the respondent is entitled withdrlw the same without furnishing any securitY' / /rRuE coPY / / SD/. B.SATYA V ASSIST T HI GISTRAR For ASSIST T REGISTRAR To,

1. The Additional Senior Civil ludge, Kothagudem 2. l4ahipathi Srinivasa Rao S/o. Ramalingam, Occ. Business, Rio H.No.19-1-48, Opp. Karur Vysya Bank, Paloncha Town and l'landal, Khammam Dlstrict (By RPAD) 3, ONC CC TO SRI. A VENKATESH AdVOCAtE IOPUC] 4. One spare copy \ ,/:"' , i 9 ,1 'n ,)., * t, .a-:-:'--, ) i Ir:( L ,.8. {,, \ z,\ >,| >l .<: // _<r./, - rY' j * )2r/ HIGH COURT CKRJ DATED:08/O7 /201-9 ORDER IA No. 2 OF 2019 IN AS NO: 340 OF 2019 INTERIM SUSPENSION HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD I3216.| TUESDAY, THE FIRST DAY OF NOVEMBER, ,.--- TWO THOUSAND AND TWENry TWO :PRESENT: THE HON 8LE SRI JUSTICE M.LA(MAN lA.No. 3 of 2019 IN AS.No. 340 of 2019 Between: Maddasani Janardhan Rao, S/o. Kondaiah Petitioner/Defendant (Appeilant in AS.No. 340t2019 on the file of the High Court) AND l\,4ahipathi Srinivasa Rao, S/o. Ramalingam, Occ: Business, F/o H. No. 19-1- 48, Opp. Karur Vysya Bank, Paloncha Town and Mandal, Khammam District. RespondenVPlaintiff (Respondent in do) Petition under Section 148 R/w 151 of CPC praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to enlarge the time granted for compliance of condition imposed vide order dated 08-07-2019 by a further period of four weeks, pending disposal of AS,No. 340 ot 2019 on the file of the High Cou(. lA.No. 2 of 2019: Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit fiied herein, the High Court may be pleased to suspend the Judgment and Decree dated. 31-12-2018 passed by the Hon'ble Additional Senior Civil Judge at Kothagudem decreeing OS. 182 of 2013, pending disposal of AS.No. 340 of 2019 on the file of the High Court. The Petition coming on for hearing upon perusing the petition and grounds filed herein and the order of the High Court dated. 08-07-2019 made in lA.No. 212019 and upon hearing the arguments of Sri A.Venkatesh, Advocate for the Petitioner and of Sri L.N.Bhadriraju, Advocate for the Respondent, the Court made the following ORDER: " This application is filed to extend the time for complying the directions of this Court dated 08.07.2019, whereunder, stay was granted on executlon of the judgment and decree dated 31.12.2018 passed by the Additional Senior Civil Judge, Kothagudem in O.S.No.'182 ol 2013, subject to tho condition of the petitioner depositing one fourth of the decreetal amount and entire suit costs, within a period of six weeks. Such a direction was not complied. Therefore, the pressnt application is flled. \ 2 The reasons stated for not depositing the amount within the time was on account of inability to secure money. The reasons stated for enlargement appears to be not convincing, for the reasons that the amount ordered to be deposit.cr was only o rie fourth ('ll4th) out of the decreetal amount. The oc,:upation of th" appellant is Divisionar Engineer in the Andhra prade:;h rransco and securing of said one fourth amount, may not be so diffir:ult for a person of his occupation. Further, as seen from the impugned judgment and decree, there is no ptausible explanation how the c,heq-ue of the defendant went into the hands of the plaintiff. It is one of the circumstances which is retevan! when orders for depos it of decreetal amount has to be passed before staying the execution. The sult is of the year 2010 and the principal amount claimed was; Rs.3,50,000! (Rupees three lakhs fifty thousand onry), one fourth of rhe said amount comes to Rs.87,500/-. The plaintiff, who succeeded the suit, must atleast be able to get minimum amount which he craims ,:o ue prrncifiiiy lent. ln the said circumstances, this court feers that fr r*re r extension of time can be given subject to deposit of furttre r amount of Rs.1'00,000/'(Rupees one rakh onry) before the triar court. The said amount shall be deposited within six weeks from todiry. rf the said amount is not deposited within six weeks, the trial couri shall oroceed with the execution of the impugned judgment and decree ,' \ \ , _L, SD/- N. iii\JAGOPAI- ASSIST,\I.IT EGISTRAR , TRUE COPY Il SECTIO\ O ICER To

1. The Additional Senior Civil Judqe at Kothaoudem. 2. Mahipathi Srinivasa Rao, S/o. Ramatingam] OcJ: Busiress, R/o H. No ' - ,1?1_1_9, Opl, Karur Vysya Bank, paloncha Townlno t,laniai,- Knammam utstnct.

3. One CC to Sri A.Venkatesh, Advocate(OpUC) 4. One spare copy. SAH ,! "- r HIGH COURT MLJ DATED: 01-11-2022 NOTE: POST ON 20-01-2023 UNDER THE CAPTION "FOR FINAL HEARING" ORDER |A.NO. 3 0F 2019 IN AS.NO. 340 0F 2019 DIRECTION E-f r< ,s :-\ \> '1. t o LlJ o l 4 !r Q, (-! F u"' E o o (a5 .) H\ H{_i A IN THE HON'BLE HIGH COURT FOR THE STATE OF TELANGANA I.A. NO. oF 2025 -IN A.S. NO3kDoF 2019 BETWEEN Maddsani Janardhan Rao Sio Kondaiah, Aged about 61 years, Occ: Divisional Engineer, AP Transco, Member/ECC, Room No. 619, AP Transco, Vidyuth Soudha, Khairatabad, Hyderabad AND Mahipathi Srinivasa Rao S/o. Ramalingam, Age about 59 years, Occ: Business, R/o H. No. 19-1-48, Opp: Karur Vysya Bank, Paloncha Town and Mandal, Khammam District ..Appellant/Defendant ...Respondent/Plaintiff MEMORANDIIM OF COMPROMISE FILED I.INDERORDERXXIIIRULE 3 OF' CODE OF CTVIL PROCEDURE, 1908

1. It is submitted that the Respondent/Defendant filed o.S. No. 182 of 2013 on the file of the Hon'ble Additional Senior Judge, At Kothagudem seeking recovery of money and the Hon,ble court passed Judgement and Decree dated 31.12.2018 directing the Appellant/De lendant to pay a sum of Rs. 5,0'7,700/- along with future interest at 127o per annum fron.r the date of filing the suit till the date of decree, thereafter at 6To per annutn till the date of realization on the principle amount of Rs. 3,50,000i- to the Respondent/Plaintiff along with costs ofRs. 25, 504/- r\ ' -.^-..--.i.u*^-"- I2ot- *\5-

2. It is submitted that the Appellant/Defendant filed A.S. No. 340 of'2019 challenging the above Judgement and Decree dated 31.12.2018.

3. It is submitted that this Hon'ble Court vide Order dated 08.07.;u019 in I.A. No. 2 of 2019 granted stay subject to deposit of lll4'h ofthe decree amc utrt and the costs ofthe suit. It is submitted that the Apf ellant deposited the same on '.!2 .10,2019 to the credit of O.S. No. 182 of 2013 on the file of the Hon'ble Adrl.tional Senior Judge, At Kothagudem and the same was in fact withdrawn by the Re;p ondent,?laintiff.

4. It is submitted that this Hon'ble Court again vide Ordefr dated 0 I .1 1,2022 directed the Appellant/Defbndant to firther deposit a sum of Rs. 1,00,000i - .,r.:rile allowing LA. No. 3 of 2019 and the same was duly complied with by the Appella n:/Defendant.

5. It is submitted that while the said Appeal rvas pending, botl the parties decided to compromise the issue and in lieu of the same, the AppellantrT,ef'endant agreed to pay and Respondent/Defendant agreed to receive a sum of Rs. 8; 50 000/- in addition to the amounts deposited under Orders dated 22.10.2019 and 0tr.11.2(t2:Z torvards the full and final satisfaction ofJudgement and Decree dated 31.12.2018.

6. In lieu of the said compromise arrived betrveen the parties,. the'following. terms and conditions are agreed upon today i.e. 01.05.2025 and are reduced to writing as follows: TERMS OF COMPROMISE I. The Appellant/Defendant agrees to pay and R.espondent,Defendant agrees to receive Rs.8,50,000/- (Rupees Eilht Lakls and Fifty Thousancl only) in addition to the amor-lnt deposrred to the credit of O,S, No. 182 of 2013 as per order dated Order dated 0f1.07.2019 in I.A. No. 2 of 2019 and 01.11.2022 in I.A. No. 3 of 201\) torvi11.1, 1i,,, and i-rna I settlement of Judgement and Decree dated 31.1i1.2018 in OS 182 of 1v1. :-r- .," .1,'-.^ - Ko- n NVJ/ 2013 on the file of the Hon'ble Additional Senior Judge, At Kothagudem i. Appellant/Defendant has transferred a sum ofRs. 4,50,000/- to the Bank Account of the Respondent/Plaintiff i.e. SB A./c No. 50100350452104, HDFC Bank with IFSC HDFC000264l vide IMPS with TransactionNo. 512113414604 dated 01.05.2025 from ICICI and the RespondentlPlaintiff acknowledges the same. ii. Appellant/Defendant agrees to pay the balance amount of Rs. 4,00,000/- vide IMPS on the date of recording of compromise under an acknowledgement in the form of a memo and both parties agree to sign the same and file it before this Hon'ble Court. II The Appellant/De lendant agrees that the Respondent/Plaintiff is at liberty to withdraw the rnonies dcposited to the credit of the suit 1.e., O.S. No. 182 of 201 3 belore the Triat Court vide Order dated Ol .11 .2022 in I.A. No. 3 of 2019, at any point of time after the disposal of A.S.No. 340 of 2019 before the High Court of Telangana and Appellant/Defendant will not have objection to the same. Appellant/Defendant will not have any claim over thq monies already so deposited by him and withdrawn by the Respondent/Plaintiff in pursuance of Order dated 08.07.2019 in I.A. No. 2 of 2019 in A.S. No. 340 of 2019. III The Respondent/P laintiff understands that the contents of this Memorandum to be fuIl and final settlement and agrees not to raise any future claims pertaining to the issue involved in A.S.No. 340 of 2019 and to not initiate any proceedings for execution in pursuance of Judgement and Decree dated Judgen.rent and Decree dated 31.12.2018 in O.S. No. 182 of 2013 on the file ofthe FIon'ble Additional Senior Judge, at Kothagudem t1 :t ^o,^-6(4,-*.- ( oo IV The Parties herein agree and undertake to be bo rrrd by the terms and conditions of this Menrorandunre. V. The l'arties herein agree that they have entered jnto tL;s Memorandunr out of their free will and consent and that there is no folc.:, pressure or undue influonce of any person(s) lvhomsoever. It is thercfore, prayed that this Hon'ble Court may be plcased ,o dispose of A.S. No. 340 ol 2019 on the f.le of the Hon'ble High Court for the State of 'lelangana in terms of compromise recorded above and may be pleased to pass such other ()rder/s as this Hon'ble Court may deem fit and propei in the facts and circumstances ofthe car;e ,,..1 \ , ro--^ Jt^ APPELLANT/DEFENDANT ^J^-r l/-c' o RESP O}.IDENT/?LAINTIFF COTINSEL FOR APPI]LLANT/DEFENDANT ..-71 COUNSEL FOR I{ESPONDENI P ili.,r,.o IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAO FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE RENUKA YARA APPEAL SUIT NO: 340 OF 2019 Between: Maddsani Janardhan Rao, S/o Kondaiah, Aged about 50 years, Occ. Divisional Engineer, AP Transco, Member/ECC, Room No. 619, AP Transco, Vidyuth Soudha, Khairatabad, Hyderabad. AND Mahipathi Srinivasa Rao, S/o. Ramalin R/o H. No. 19-1-48, Opp. Karur Vysya Khammam District. gam, Age about 47 years, Occ. Business, Bank, Paloncha Town and Mandal, APPELLANT/DEFENDANT RESPONDENT/PLAINTIFF Appeal filed under Section 96 of CPC., R/VV Section 104 and Order XLI of C.P.C., aggrieved by the Judgment and Decree daled 3111212018 in OS No. 182 of 2013 on the file of the Honourable Additional Senior Civil Judge, at Kothagudem. LA.No.1 OF 2025: Petition under Order XXll Rule 3 of C.P.C., praying that the High Cou( may be pleased to dispose of the Appeal in terms of Memorandum of compromise dt.01.05.2025. Theappeal and l.A.No.1 ol 2025 coming this dayfor judgment as to compromise in the presence of Ms. Pratyusha Boppana, Counsel for the appellant and of Sri L.N. 'Bhadri Raju, counsel for the respondent and the appellant and respondent through their respective Advocates requesting the court to pass a lr,cree in terms the Memorandum of compromised dt.O1 .05.2025 entered into betv/€ en them and upon perusing the grounCs appeal, Judgment and decree of the c,wer court and the Memorandum of compromise signed by the parties and thoir Advocates and it appearing from the said Memorandum of compromise that thc larties herein have entered into compromise and settled the matter out of ccu 1 in terms of the Memorandum of conrpromise out of their free will and consent. This Court DOTH RECORD the terms of the said memorzrnrlum of compromise and DOTH in terms of the said memorandum of compromise OR )i::R and DECREE as follows:

1. That the Appeal and LA.No.1 of 2025 be and the same irrL. hereby atlowed in terms of Memorandum of Compromise , d1.1.5.2025.

2. Thal the AppellanUDefendant shall pay the Respondent/r aintiff Rs.8,50,000/- (Rupees Eight Lakhs and Fifty Thousand only) in ad(lil on to the amount deposited to lhe credit of O.S.No.183 of 2013 as per order .lated 08.07.2019 in l.A.No.2 of 2019 and dt,O1.'1 1.2022 in LA.No.3 of 2019 tc'r'yards full and final settlement of Judgment and Decree dated 31 .12.2018 in C 5i.No.182 of 2013 on the file of the Hon'ble Additional Senior Civil Judge, at Kothagludem;

3. That the AppellanUDefendant has transferred a sum of Rs..1,50,0001 to the Bank Account of the RespondenUPlaintiff i.e, SB A/c.No.501 10350452104, HDFC Bank with IFSC HDFC0002641 vide IMPS with Transactirr No.512113414604 dated 01 .05.2.025 from lClCl and the RespondenUPtainttfl acknowledged the same;

4. That the AppellanUDefendant shall pay the balance amounl of Rs.4,00,0001 vide IMPS on the date of recording of compromise under an ar;krowledgment in the form of a memo and both parties agreed to sign the same zrnd file it before this Court.

5. That the AppellanVDefendant agreed that the RespondenVP aintiff is at liberty to withdraw the nonies deposited to the credit of the suit i.e ).S.No.182 of 2013 before the Trial Court vide Order dated 01.11.2022 in l.A \c.3 of 2019, at any 7 point of time after the disposal of A.S.No.340 of 2019 before this Court and the Appella nt/Defenda nt shall not have objection to the same.

6. That the Appellant/Defendant shall not have any claim over the monies already so deposited by him and withdrawn by the Respond enVPlaintiff in pursuance of Order dated 08.07.2019 in l,A.No.2 of 20'19 in A.S.No.340 of 2019.

7. That the Respondent/Plaintiff understands that the contents of the Memorandum of Compromise dt,01,05.2025 to be in full and final settlement and agreed to not raise any future claims pertaining to the issue involved in A.S.No.340 of 2019 and to not initiate any proceedings for execution in pursuance of Judgment and Decree dated 31 .12.2018 in O.S.No.182 ol 2013 on the file of the Hon'ble Additional Senior Civil Judge, at Kothagudem, B. That the parties herein agree and unde(ake to be bound by the terms and conditions of the Memorandum of Compromise dt.01.05.2025. 9, That the parties herein agree that they have entered into the Memorandum of Compromise out of their free will and consent and that there is no force, pressure or undue influence of any person(s) whoever.

10. That there shall be no order as to costs //TRUE COPY// .V.S.S.C.S.M.SARMA JOINT REGISTRAR ECTION OFFICER To,

1. The Addl. Senior Civil Judge, Kothagudem

2. Two CD Copies. Ya- HIGH COURT DATED:0210512025 DECREE AS.No.340 of 2019 ALLOWING THE I.A. AND APPEAL IN TERMS OF MEMORANDUM OF COMPROMISE \ .(ft\ w al"