The High Court · 2025

Petition under Section 151 CPC praying that in the affidavit filed in support of the petition' the Hig suspend the iudgment and decree dated 03-04-20 2015 on the file of the 1St Additional District Judge District, pending disposal of the First Appeal No' iustice and Pass the circumstances stated in h Court maY be Pleased to 24 passed in O S'No 04 of . at KamareddY, KamareddY oI 2024 in the interest of Sche dule P rope tlY All that the lan<J admeasuring Ac.4_05 gts in Sy. No 1g4tA/\/2, situated at Nizambad District, l-elangana State Antampally Village Sivaru, bounded by: Bhiknur Mandal, East West North South Cort way Agricultural land of A Limba Reddy Agricultural land of late Ch Raja Reddy Agricultural land of late Basava Raja Reddy lA NO: 2 oF 2024 Petition under Sectir the arrdav t r eo n suppJrl ::['r:iJ:1i,ilil,:::;,fffi,[ r:J::"J.,; extend the interim .rders granted on 06-06-2024 in rA Nc,. 1 0f 2o24in AS No. 28512024, tilt the disposal of the appeal in the interest of justice. IA NO: 10F 2025 circumstances stated in th, petition under Order XXlll Rule 3 r/w Section 151 CpC praying that in the may be p eased to record :ilffiH:::_ff T ::ffifii:::"n: :[::] the appellants and the respondents in the interest of justice. Counsel for the Appe ants Counsel for the Respondent No 1 Counset for the Respondent No 2 The Court delivered the following Judgment : Sri p ftsmsghs6676n Sri R Rama Brahmma Sri B Narasimhulu : : : r I I . -.--v HON,BLE SRIJUSTICE LAXMI NAIIAYANA ALISHETTY I.A.No.1 of 2025 irVand APPEA L SUIT NO.285 oF 2024 ruDGMENT: . Heard Sri R-Ramabrahmma' iearned counsel for the appellants' Sri P.Ramachandram, learned counsel for respondent No l and Sri B.Narasimhulu, learned counsel for the respondent No'2'

2. The present Appeal is filed chaltenging the iudgment and decree dated 03.04'2024 in O'S'No'4 of 2015 passed by the I Additional District Judge at Kamareddy' r'vhere trnder and whereby the suit filed by the plaintiff for specific performance of agreement of sale dated 17.1"1.20L4 was decreed'

3. During the pendency of the present Appeal' the parties to the litigation have amicably resolved the intizr se dispute and have entered into Memorandum of Compromise and the terms of Memorandum of Compromise were rccordetl and to that effect' compromise application ulde I'A'No'1 of 2025 is filed enclosing the terms of comPromise

4. Today, both the parties are Present in person before this Court along with their respectrve counsels and the parties are identified by 2 their rc.spr:ctive corrnse.ls. When this Cou rl interar:ted wi th the parties, th e,]. have admitted the terms of Mentorandum Compromise and they stated that they will abide by the terms and conditions c,f the compromise and the signatures of the respeciive parties thcre,.rr.t havc, also been identified by theit respective counsels. of Compromise, dated 25.01.2025 filerl along with Tire Mernorairdum I.A.No.1 of 2025 is taken on record. The sie Aadr.raar carirs; .r irre parries "." ",,.;;.";:,-' ::.r, thotocopies or

5. In view of the both the par.ties and memorandum I.A.No.1 of 2025 rs orclered submissions made by the Iearned counsel for confirmation made by the parties ir_L terms of bv appearing before th is Court, compromise 6 Conse.tlrrcn tJ 1., compromise. tlii s Appeal is also disposed of in terms of l-hc r_e shall tr e no order as to costs. Pendin g mrr;cel.lanc.ous applica tions, if any, shalr, stand closed //TRUE COPY// sd/- K. sRtNt VASA RAO REGISTRAR To, ON OFFICER 1 The I Additional District . records, if any) 2- One CC to Sri R Rama E 3. one CC to Sr , *r,rrJ::H:^:::::ilj::[' Judge, at Kamareddy, Kamareddy District (with ) r/ I

4. One CC to Sri B Narasimhulu, Advocate [OPUC] 5. Two CD Copies t NpoSwi$mqcepJl\o(('hqJQnt$,4bosLereeslpromise l / VA/gh Yt -__.......l r' I HIGH COURT DATED:1 210212025 \ \ JUDGMENT + DECREE l.A.No.1 ot 2O25 in / and AS.No.285 o12024 (2 DRAFTS ) ?T €T i J' .) \..-t* \- t- i !, i') ?sl5 B2 1, ., ,,.: |,:, i t-, '-i:_.-:_;,.- -: t o 5 1 DISPOSING OF THE APPEAL IN TERMS OF COMPROMISE & ORDERING THE I.A. 1 .oP(4 Ar ra\-\9 { IN THE HiGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWELFTH DAY O-F,FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT TUE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY l.A. NO: 1 oF 2025 IN / AND APPE AL SUIT NO: 850 F 2024 2 t"T"in'rr,nrnth Rao. S/o A Balwanth.Rao' a-ged about 44 years' occ' Pvt' Service. R/o f-r.r.rl fe Ida,'- ViOyrnrgai Colony, Kamareddy lown' KamareddY District 2 A. Sudhakar Rao' S/o A' Balwanth [a9' aSe,!-ahout 39 vears' Occ Private Service.R/o3-3-204.Vidyanagarcolony,Ka;;aatiown'Kamareddv District "'Appellants / Defendants Nos 2 & 3 AND ,,*"*:$"Ji,'d,i(,Vi"!:?#i;I"*,ffi :fl #:t'"?"'#31'i33'";'in''"''"'"' ...ResPondent / Plaintiff vears', occ Agricurture' Rio , ?,i,lxiil,HJ3 5"?"^i:H8:iR:fl1;fl1?t, BP,&YI"?4 "'ResPondent / Defendant No I -l of CPC against the Judgment and Decree dated 03-04-20 24 madein O S No 4 of 2015 on the file of the Court of Appeal under Section 96 r/w Order 41 Rule thelAdditionalDiskictJudge'atKamareddy,KamareddyDistrict. IA NO: 10F 2025 Petition under Order XXlll Rule 3 r/w Section 151 CPC praying that in the circumstances stated in the affidavit filed irr support of the petition' the High Court may be pleased to record terms of Memorandum of compromise entered between the appellants and the respondents in the interest of iustice' I 5 Thi-s appeal and LA coming this day for orders as to setfle ment in the presence of Sri Fl Rama Brahmma, Advocate for the appellants and of Sri p Ramchandram, Advocate for the Res pondent No_ 1, and of Sri B Narasimhulu, Advocate for the Rerspondent No.2 thro ugh their respective Advocates having filed in l.A.No.1 of 2025 requesting the court to pass a decree in terms the rnemorandum of compromise entered into between th em and upon perusing the grounds appeal, judgment and decree of the lower cou rt and the memo of compromise purporting to have been signed by the parties and their Advocates and filed with the said l.A.No.1 of 2025 and it appearing from the said of compromise that the parties herein have elrtered into compromise and set ed the matter out of court in terms memorandum of compromise filed herein. 'inemorandum I This Court DOTH RECORD the terms of the said compromise in original where of is filed in the said I.A.No,1 of whereof is annexed hereto and DOTH in terms of the said compromise declare ORDER and DECREE as follows : memorandum of 20215 and a copy memorandum of Terms of. Gomo romis e

1. That the appellants/defendant nos. 2&3 herein shall pay an amount of Rs.20,00,000/_ ( Rupees Twenty Lakhs only ) to the Respondent No.1/plaintiff in the following manner a) Rs.10,00,000/_(Rupees Ten Lakhs only.) in cash to the Respondent No.1/ plaintiff. b) Rs.10,00,000/-(Rupees Ten Lakhs only) through D.D. No. 500271, dated: 09_12_2024 drawn on ICICll Bank,- branch,Kompally IVIain granch, Hyderabad, in favour of Respon jent/plaintiff i.e., J. Bat Reddy S/o. J. Nagi Reddy_

2. That the Respondent No.1/plaintiff herein after the suit was decreed, the Respondent No.1/plaintiff deposited the balance sale consideration amo unt of - sg'-l5,621500/- to the credit of the suit no. 4 0f 2015 ?-J-..t-j.-+ \ \ on the file of 'l stAdditional District Judge' at Kamareddy. The plaintiff can entitle to withdraw above said amount and the appellants / Defendants No'2 & 3 and the Respondenl no'21 Defendant no'1 have no objection for wlthdrawal of amount Rs 15'62'500/- (which was deposited by the plaintiff ) along with accrued interest whatever amount lying in the O.SNo.4/2015 on the {lle of I Addl District Judge' Kamareddy and also they would cooperate with Respondent/ plaintiff in withdrawing the said amount from the court (l Additional District Judge, Kamareddy) after the recording of the compromise and disposal of appeal before The Hon'ble High Court of Telangana' Hyderabad. I appellant No'1/Defendant owner and Possessor No.2 is the 3. That the of the land absolute admeasuring Ac'2-05 gts in Sy'No'1941elZA' situated at Anthampally Village' Bhiknoor Mandal' Kamareddy District and the Appellant No'2/ Defendant No'3 is the abs.olute gylql. . qnd possessor of the ' lan'Q admeasuring Ac'2-05 gts in Sy'N o'1941e)' situated at Anthampally Village, Bhiknoor Mandal' Kamareddy District, which is the suit schedule property by virtue of registered sale deeds' Doc'No' 14g6t2\15' dated: 2O-O2-2O15 and Doc'No' 1 49512015' dated'20 -O2-2O15 respectively, registered in the 1l'-"" of the Join! Syb-;--'-----r- I t 1) r , I\/\.? \-.- .-- Registrar, Kamareddy, Kama date of purchase the Appel Rao and A. Sudhakar Rao enloymernt of the suit schedule property reddy Drstrict. Since the lants namely l\ Srikanth are in possession and No.2

4. That the appellant No. 1/Defendant has got mutation proceedings in his favour Form Vll No.14112015, dated:,19-04_2015 and Appellant No.2/Defendant No.3 has got mutation proceedings in his favour vide Form VII No. 14212015, 13_Ol_2O15 and the appellants/Defendant names were mutated and recorded in records as Pattadar and possessor of the land admeasuring Ac. 2-O5 and Ac.2-05 gts respectively and also the appbllants got pattadar pass Book and Tiile Deeds in their favour vide ppB & TD No. T12O2OO4O01O, Kata No.20 (new), ppB No. X 156384, Kata No.20 (otd) and PPB & TD No. T12O2OO4OO25, Kata No.46 (new) ppB No. X 156383, Kata No.46 (old), respectively. &3 revenue no.2

5. That the Respondent No..1 /plaintiff hereby admit and acknowledges the receipt of the above,sairJ .amount from the Appellants / defendant nos. 2&3 herein and not claiming any rights, tiile and interest whatsoever pertaining to the suit schedule property in favour of the Appellants/Defendant Nos.2&3, i.e., A.Srikanth Rao and A. Sudhakar Rao. I ! \ I I ., t, l2nts \ reddY "!'?:QZ'-2015 uit schedule ProPertY' District.. Since the namelY A- Srikanth in Possession and Registrar, KamareddY' Kam.a date of Purchase the APPeI Rao and A' Sudhakar Rao enioYment of the s 4:. That the appellant No'1/Defendant No'2 has nol mutation proceedings in his favour vide Form Vll and tt" No.14;1./2015, dated: i::^"]'"':: got mutation proceedings ln No,2/Defendant No'3 .has his-favour vide Form Vll No 1421-2015' 13-07-2O15 and the appellants/Defendant no'2 & 3 names were mutated and recorded in the revenue records as Pattadar and posses'sor of the land admeasuring Ac' '-.;"- - y and also the Z'-OS anO Ac 2-05 gts resPectivel appellants got Pattadar Pass Book and Titte Deeds in +;,, 1"uqur vide PPB & TD 'No' 11202oO4O010' Kata No.20 (new), PPB No' X 156384' Kata No'20 (old) and PPB & TD No' T12O2OO4O025' Kata No'46 (new) PPB No. X 156383, Kata No'46 (old)' respectively' 5. That the Respondent No'1/Plaintiff hereby admit and, " uonno*,"dges the +eceipt of the 'ebove "-said -amount from the Appellants / defendant nos' 2&3 herein and not claiming any rights' title and interest whatsoever perta!ning to the suit sc-hedul::t",0:'* in favour of the Appellants/Defendant Nos'2&3' i'e'' A'srikanth Rao and A, Sudhakar Rao , l, .t-

6. The Respondent the Respondent any right over the suit schedule property No.1/Plaintiff or his legal No.2/deiendants no. 1 shall heirs and not' claim

7. That the Responden.t No llplaintiff further declares athat the sale deeds executed by the 2"d Respondent/1st Defendant in favour Appellants/Defendant Nos.2 & 3 Valid and binding on the Respondent No..l/plaintiff and the Respbndent No.1/Plaintiff has no claim whatsoever against the suit schedule property hereinafter

8. That the Respondent No.1/plaintiff further declares that the Appellants/Defendant No.2 and 1l are the absolute owners and possessor of their respective lands as per their sale deed, as stated supra in view of the compromise

9. That the Respondent No.1/plaintiff further declares that he shall not interfere into the suit schedule property, which are claimed L,y - 3 hdiein undei the App6llants/Defendant Nos.2 & registered sale deeds.

10. That the Appellants can handle their respective suit schedule property/ rand craimed under the sare deeds at their whims and fancies, as stated supra as per the . compromise. -..----"1,.:;.- ...*--4-="*+ - .lll :.d! r| r ,,

11. The appellants /Defendant Nos'2 and 3 in view of the compromise are the absolute owners and possessor of the suit schedule property and the Hon'ble Court may reiord the compromise and allow the appeal filed by Appellants / Defendanl no'2 and 3 in O'51'to'+lZOts onthefileofthelAddl.DistrictJudge'Kamareddy District by allowing/disposing the appeal filed by the Appellants herein, in terms':of the above said conditions mentioned in Memorandum of Compromise' It is agreed by the appellant/ defendants No'2 & 3 that they will be pay the agreed amount entitle to allow the appal in their favour only after paying agreed comprised amount as on date of allowing in the appeal by waY of comPromise' t tz.trresaidMemorandum'ofCompromiseisexecutedby j:i 3 and 1"1 the APPellants/Defen'dant Nos'2 & Respondent/ Plaintiff with free will and consent without any force or coercion and the said MOU binding on all the parties. i; Fee Paid bY the APPellants shall be Court before when the Proceedings '13. The Court returned to have been pendinE Uts 21(1), r/w Section 25 the Legal Services Authorities Act' 1987 and it shall not form Part of the costs PaY able bY the defe nda nts Sd/.K.SRINIVASA RAO NT REGISTRAR AS S //TRUE COPY// CTION OFFIGER To, l.ThelAdditionalDistrictJudge,atKamareddy,KamareddyDistrict 2. Two CD CoPies F- s-=!i'.,->i.!l' i l i I HIGH COURT DATED:1 ZtLzt2OZs DECREE l.A.No.1 of 2025 in / and AS.No.28S of 2024 DISPOSING OF THE APPEAL IN TERMS OF COMPROMISE & ORDERING THE I.A. H. ar?(Eb #t2:i