The High Court · 2025

Counsel for the Appellants : SRl. P SHRAVAN KUMAR GOUD Counsel for the Respondents : M/s Rao & Associates Appeal under section 100 C.P.C., against the Judgment and Decree passed in Appeal Suit No.12 of 2010, dated 08.07.2015 on the file of the Vlll Additional District Judge, at Nizamabad confirming the Judgment and Decree passed in O.S.No. 158 OF 2003 of Dt.21.12.2009, on the file of The Senior Civit Judge, Nizamabad. Between:

1. SMT A PRABHAVATHT, W/o. Amirjglgfty Malikyam cupta, Aged about 77 years, Occ. House hotd, R/o. H.No.2_t1_60'and fiz,'eoLrfi-ri"oi,i, Nizamabad, Nizamabad District. 2. Amirishittey Manikyam Gupta (Died), - 3. *ig_dishwar Gupta, s/o Amirishetty Manikyam Gupta, Aged about 62 vears. ucc. Bank Emproyee, presenfly working a-s chief in state ainfoi Hyderabad, Chaitanyapur:i, HyftglagoI R/o. H.No.2-1 1:Oo lno'GZ, di'i'oii veedhi, Nizamabad, Nizamaba'd District. 4. Ramesh, S/o. Amirishetty Manikyam Gupta, Aged about 53 vears. Occ. Govr lpnloyee, presenfl y ivorking_ as exeiuiivJ ensi;,""r' dxn tc-"""i ",L""a i ilT#:93[ rfr r,l, H n o i- i i --oo l ni 07, e oo o-i r i ,]r;,: il::r.3?.1fl J-ro. 'Manader -il "' pres6ntly

5. Narender, S/o. Amirishetty Mankikyain Gupta, Aged about 44 years, Occ. 6epaimiii, 9.out. .Emptoyee, Nizamabad,_ R/o. H.No.2-1i-60 and- 62, AobOifi v#dhi, N-iiamillj: Nizamabad District. 6. A. Prayeen, S/o. Amirishetty Ma.nikyam Gupta, Aged about 40 years, Occ. presenty'workin! in stite'Ba-nk of rnoia, ii Ha-iririo-u-i B. ink .Fpp-rgyee, [Qujgfn), R/o. H.No.2-11-6b and 62; Bobbiti veeOni. r.liiamaU;a, N";;ffi District. -_working ii -'trrtt"teorotogicaf AN; AppElLANTs/petitioners in l.A.No.l OF 2O2S

1. SRI A ASHO_K QUITA, S/o. Amirishetty Manikyam Gupta, Aged about 59 years, Occ. Bank Emptoyee..yvorki!.g in-State Ainf of FiGra1id t\6;, h;" 'riza,i,iuiJbiJiili, ' ' " " I,!-o,?;J t Hresenuy resrcrrng at c/o. Lingam 1-4-11, phuLong road, near Gole Hanuman, Nizamabad. and 62;.q6bbili veedh"i, Nizimauio, :oQ

2. Smt. B..Aruna, Wo. Sri Ravva Kadareshwar, Aged about 54 years, Occ. House hotd, R/o. H. No. 1 - 1 3 4OO13A, Vinayafu a"gai, wizamaoio, rutirro"o District.

3. Smt. R Savitha, Wo Sri Rawa Kadareshwar, Aged about 51 years, Occ. Housetrold, R/o. Flat No.G2, Team Heritage Apirtments, f Stimiiri, 2nd c.r9gs-Qa1g9lore. (Respondents Nos. 2 ant g weie aooeir ai p"i tii.i 6iiur" dt.17 -04-201 4 in t.A. No. 1 680/20 1 2) RESPONDENTS/RESPONDENTS IN I.A. 1 OF 2025 l.A. NO:1 OF 2016(SAM P. NO:134 oF 20.t6) Petition under section 151 cpc praying that in the circumstances stated in the a.ffidavit filed in support of.the petition, ine Higtr court may oe pteasea io stay of all further proceedings including the executio-n of the Judgment ano olcree passed in O.S.No. 158 OF 2003 of Dt.21.12.2009, on the file of the Senior Civil Judge, Nizamabad. lA NO: 1 OF 2025 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 Allow the application for compromise as perthe terms and conditions in the S.A.No.52 of 2016 against the judgment in Appeal in A.S.No. I 2 of 2010 dated. O8t07t2015 on the file of Vlll Addi. District Judge, Nizamabad against the decree and judgment in O.S.No. 158 of 2003 dated.21l12l20og on the file of Senior Civil Judge, Nizamabad. Counsel for the Appellants SRI. P SHRAVAN KUMAR GOUD Counsel for the Respondents: M/S RAO & ASSOCIATES The Court delivered the following: COMMON JUDGMENT ,I THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL AND since both the second Appeals are filed challenging the legality and validity of the common judgment and decree, dated o8.o7.2o25 in A.s.Nos.l2 and 13 of 2o2o passed by the VIII Additional District Judge, Nizamabad, confirming the judgment, ciated 2L.12.2009 in o.s.No.15g of 2oo3 passed by the senior civil Judge, Nizamabad, the s€une are being disposed of by way of this common judgment. r

2. During pendency of both thci appeals, the parties have entered into compromise and accordingly, I.A.No.1 of 2025 is filed in s.A.No.S1 of 2oL6 and I.A.No.1 of 2025 is filed in s.A.No.S2 of 2016 with a common prayer to permit them to enter into compromise and dispose of both the appeals in terms of the compromise. I .a* : ..;:ai&r ' . 2 EVV, J SA_51 and52 2016 \-: '\

3. This court uid.e ord,er, dated 04.09.2025 referred the parties to the High Court Legal Services Committee for identification and to verify the voluntariness in arriving the settlement. The Secretar5r, High court Legal Services Committee, has submitted a report, dated 25.09 '2025 stating that the parties were identified by their respective counsel with their Aadhar Cards/Identity Ca-r:ds and the enquiries revealed that the parties have w'ilIfully and voluntarily entered into compromise.

4. On perusal of the contents of the affidavits in I.A.No.1 of 2025 in both the appeals, the parties have entered into compromise on the following terms and conditions:- .l a. The l"t appellant was the absolute owner of both the suit Schedule Properties of cT Roofed partly Tin sheet Roofed and Partly RCC Roofed residential house with open land admeasuring 242.72 sq. yards with H-Nos.2- t2-27 & 28 (corresponding to old H.No.2-L2'1126 & 112611 situated in Ward No.2, Block No.12, at Bobbili Veedhi, Nizamabad. b. That the deceased l"t Appellant herein during her lifetime has gifted the house consisting of LL5.12 sq. I l \ \ 3 EW, J SA 5l and52 2016 yards to the Respondent no. t herein vide Regd. Gift Settlement bearing Doc.No.2684 / 1993, dt.07.06.1993. c. Under these presents, it is mutually agreed by all the parties hereto that the actual physical possession of the Schedule-I Property shall be delivered to the Respondent No.l herein by the Appellants and the Respondent No.1 herein shall henceforth be the absolute owner and possessor of the Schedule-I Property in his exclusive right, title and possession to the exclusion of the Appellants and the respondent Nos. 2 and 3 herein and their kgal representatives as the case may be. d. Under these presents, it is mutually agreed by and between all the parties hereto that with regard to any other claims like gold ornarnents and the cash belonging to the deceased lst and 2nd Appellants herein, the respondent no. t herein shall not have any right or claim and that the same shall be jointly reta{ped by the Appellant No. 3 to 6 herein. e. Under these presents, all the parties hereto have mutually agreed, admitted and declared that the Schedule-Il Property (remaining land of 127.60 Sq. Yards) shall henceforth devolve in f,avor of the Appellant Nos.3 to 6 i.e. A.Jagdishwar Gupta, A.Ramesh, A.Narender and A.Praveen and that the lst respondent herein relinquished all his right, title, interest and possession of the Schedule "[I" property in favour of Appellants herein and that the respondent No.1 or their Lega| I 4 EW, J SA 5l ail52 2016 representatives shall henceforth would not. possess any right-, title or interest in the Schedule-ll property. The respondent Nos.2 and 3 herein relinquished f. their rights in the dispute without raising any dispute in future. g. Alt the parties agreed to withdraw the allegations made against each other and joint agreed that they will not recourse to any future litigation and the terms and conditions are mutually accepted. h. The both parties after obtaining the decree of compromise they both will not interfere wittr each other into personal life in any manner and will not hle any case against each other or against their family members. i. In the event of either of party fail to comply with any ol the terms and condition of this MOU either party shall have the right to pursue any legal remedy available in law. j. To avoid all the future misunderstandings and to avoid any future complications the parties aL'ove named entered this understanding with their free will and consent for which both the parties are bound to implement the same in true letter and spirit and by co- operating mutually for necessarily follow up action in this regard and to all things in this regard. t \ \ 5 EVV, J SA-51 aad52 2016 k. The parties agree that this understanding is made and entered with their free will and consent and in the presence of elders and mediators and the salne is permanent settlement/ understanding in the interest of both the parties. SCHEDULE OF PROPERTY No.1 RCC Roofed house bearing No.2-11-60 in ward No.2, block No.12, admeasuring Ll5.l2 square yards, situated at Bobbili Veedhi, Nizamabad with its open place, counded by: North: House of Padmabhudevi; South : House of defendant Nos.1 and 3; East : Neighbour's house (Dharmapuri and others); West : House of Ramchander Rao SCHEDULE OF PROPERTY NO.II I t Tin Roofed house bearing No-2- IL-62 in No'2, block No.12, admeasuring 127.6O square yards, situated at Bobbili Veedhi, Nizamabad with its open place, counded by: t { North : House bearing No-2-11-60 South : Road East : House of Laxmibai (Dharmapuri and others) West : House of Ramchander In the light of the aforesaid terms and conditions 5 arrived at between the parties, I.A.No.I of 2025 in l 6 EVV, J SA 5l aid52 2016 S.A.No.51of2oL6andI.A.No.1of2025inS.A.No.S2of 2016 are ordered.

6. Accordingly, both the Second Appeals are disposed of in terms of the compromise arrived at between the parties' T.Consequently,miscellaneousapplicationsinboththe appeals, if any, pending shall stand' closed' There shall be no order as to costs. SD/- P.CH.NAGABH USHAMBA //TRUE COPY// DEPUTY BE,GISTRAR e SECTION OFFICER To,

1. The Vlll Additional District Judge, Nizamabad. 2. One CC to SRl. P SHRAVAN KUMAR GOUD Advocate IOPUCI 3. One CC to SRl. M VENKATESWER RAO Advocate [OPLIC] 4. Two CD Copies ASR/PSL t \ I .+---ir,e .t" I # , HIGH COURT DATED:17t1012025 \ COMMON JUDGMENT l.A.No.1 OF 2025IN/AND SA.No.51 of 2016 & l.A.No.1 OF 2025IN/AND S.A.No.52 OF 20{6 ('. iATE o L) \1iiit I I ,Jt: DISPOSING OF THE APPEALS & ORDERING TIIE I.AS It/ ( 3 MEMoRANDUM oF CIVIL MISC. PETITIoN Under Order 23 Rule 1 & 2 r/w Sec.151 C.p.C. HIGH COURT FOR THE STATE OF TEIANGANA AT HYDERABAD I.A.No. of 2025 IN S.A.No.51 of 2016 Between : 1. Smt.A.Prabhavathi(Died) A. Manikyam (Died) !, A.Jagdishwar Gupta, S/o. A.Manikyam Gupta Aged about 50 years, Occ : Bank Employee R/o.H.No.2-11-60, Bobbiti Veedhi Nizamabgd, Nizamabad District. A. Ramesh Gupta, S/o.A. Manikyam Aged about 42years, Occ : Retd. En-rptoyee R/o.H.No.2-l1-60 & 62, Bobbiti Veedhi Nizamabad, Nizamabad DistricL A. Narender Gupta, S/o.A.Manikyam Gupta Aged about 35 years, Occ : Govt. Employee R/o.H.No.2-1 1-60, Bobbili Veedhi Nizamabad, Nizamabad District. A.Praveen Kumar, S/o.A.Manikyam Gupta Aged about 28 years, Occ : Bank Employee R/o.H.No.2-1X-60 & 62, Bobbiti Veedhi Nizamabad, Nizamabad District.

3. 4 5 6_ AND

1. A.Ashok Gupta, S/o. A.Manikyam Gupta Aged about 46 years, Occ : Retd. Bank Employee R/o.H.No.2-l1-60 & 62, New : Z-L2-1,L26, bobbili Veedhi Nizamabad, Nizamabad District.

2. Smt.B.Aruna, flo.SriBonagiriRajeshwer, Aged about 49 years, Occ : Househoid R/o. H. No. 1-13-400/3A, Vinayaknagar Nizamabad, Nizamabad District. , .. Appellants {gB€= %ry ad r\w^,,ay @#."_*L ,6' S fta["tryr,, M 4

3. Smt.R.Savitha, W/o.SriRawaKadareshwar Aged about 59 years, Occ : Household

1. It is respectfully submitted to this Hon'ble Court that the plaintiff/ Respondent No.lherein filed the Suit in O.S.No.158 of 2003 on the file of the Senior Civil Juifge, Nizamabad against the defendants/ Appellants herein for passing a decree of Declaration of title that the plaintiff/respondent no. t herein is the owner of the Suit Schedule Property and consequent relief of recovery of possession directing the defendants/ appellants herein to deliver the possession of the Suit Schedule Propefi No.l to the plaintiff/ Respondent no. t herein and grant perpetual { *t' injunction restraining the defendants/ appellants herein from interfering with the peaceful possession and enjoyment of the plaintiff/ respondent no.1 herein over the Suit Schedule-2 Property and with costs. That the defendants/ Appellants herein along with their Written Statement also filed.a Counter Claim in the same suit for passing of a preliminary decree for partition of the Suit Schedule Propefties into six shares and between plaintiff/ respondent no. t herein iand thedefendants/ Appellants herein and to pass a final decree for. delivery of possession of 1/6th ;r1': ::ifted that havins heard both the parties and considerins tn" .uioun.u on record, the Trial Court passed the Judgment and Decree dt.21.L2.2009 whereby the Suit of the plaintiff/ respondent no t herein was decreed with costs declaring the plaintiff/ respondent no t herein as the absolute owner of the Suit Schedule-1 Property and that he is entitled for the relief of recovery of possession and directed d,Narudpt::=- $L, -rtl 9 I o the defendants/ appellants herein to deliver the vacant physical possession of the suit Schedule property no. l.within two months and that the Counter claim of the defendants/ Appellants herein seeking partition of the Suit Schedule-1 House and allotment of U6n share to each of the Appellants no. 2 to 6 herein was dismissed.

3.It is submifted that assailing the Judgment and Decree dt.21.12.2009 in O.S.No.158 bf 2003, the Appellqgts herein preferred an Appeal in A.S.No.12 of 2010 on the file of the VIII Addl. District Judge, at Nizamabad against the Respondent no,. t herein for setting aside the decree and dismissing the Suit. Likewise, the defendants/ appellants herein also have preferred an Appeal in AS.No.13/2010 alleging aggrieved by the Judgment and Decree dismissing the Counter claim. Further, it is submitted thatvide the Orders dt.L7.4.2014 in I.A.No.16B0 of 2012 & I.A.No.1678 of 2012, the Respondents No.2 and 3 herein have been impleaded as Respondents in the Appeal in A.S.No.13 of 2010. That later, the Hon'ble VIII Addl. District Judge, Nizamabad passed its Judgment and Decree dt.8.7.2015 in A.S'No.12 of 2010 dismissing both Appeal Suits of the Appellants confirming the Judgment anol Decree dt.21.12.2009 in O.S.No.15B of 2003. ,

4.That being aggrieved by the common Judgment dt.8.7.2015 in A.S.No.12 of 2010 & A.S.No.13 of 2010, the Appellants herein preferred the Second Appeal in S.A.No.51 of 2016 & S.A.No.S2 of 2016 on the file of this Hon'ble Court for setting aside both the decrees in O.S.No.158 of 2003 and A.S.No.12 of 2010 & A.S.No.13 of

2010. The said Second Appeal is pending disposal on the file of the Hon'ble High Court. B'6: s 6$.rsueA 3 5' It is submitted that pending AS no. 12 &L3l zoLo, the Defendant Nos. 2 died and i subsequently, pending sA no. 51&52 / 20l6,the defenclant no. 1 also died, leaving behind the Appellants and the respondents herein as their tegal heirs 6' Now that at the intervention of the elders and to maintain cordial retationship amongst all of them, all the parties hereto mutually agreed and entered into this Joint Memorandunt of compromise with the following terms and conditions requesting this Hon'ble court to record the compromise and to pass the decree and judgement with the folrowing terms mentioned below: a b. C. d. The l'hppertant was the absorute owner of both the suit schedure Properties of cr Roofed parfly T'in sheet Roofed and paruy RCC Roofed residentiar house with open rand admeasuring 242,72 sq. yards with H.Nos.2-t2-27 & 28 (corresponding to ord H.No.2-12 -Lr26 & 1126/r situated in ward No.2, Brock No.12, at Bobbiri Veedhi, Nizamabad. {r, That the derceased l'tAp-peilant herein during her rifetime has gifted the house consisting of 115.12 sq. yards to the Respondent no. t herein vide Regd' Gift St:ttlement bearing Doc.No.26 g4lrgg3, dt.07.06.1993. Under these presents, it is mutually agreed by all the plarties hereto that the actual physicar possession of the schedule-I property shall be delivered to the Respondent No.1 herein by. the Appeilants and the Respondent No. t herein shail henceforth be the absorute owner and possessor of the schedule-I property in his exclusiver right, title and possession to the excrusion of the Appeilants and the respondents no. 2&3 herein and their Legar representatives as the case may be. Under these presents, it is mutuaily agreed by and between ail the parties hereto that with regard to any cther claims like gold ornaments and the #/*/. 5,l,ruo,.rr-lrq S ml."119* &*3. q- a L ' ,1.;: . . "': n cash belonging to the deceased 1st and 2nd Appellants herein, the respondent no. t herein shall not haveany right or claim and that the same shall be jointly retained by the Appellants no. 3 to 6 herein. e f. s h j Under these presents, all the parties hereto have mutually agreed, admitted and declared that the Schedule-Il property (remaining land of 127.60 Sq. Yards) shall henceforth devolve in favor of the Appellants no.3 to 6 i.e.A.Jagdishwar Gupta, A.Ramesh, A.Narender and A.praveen and that the 1$ respondent herein relinquished ail his right, title, interest and possession of the Schedule "II" property in favour of Appellants herein and that the respondents no 1 or their Legal representatives shall henceforth would not possess any right, tifle or interest in the Schedule_Il property. The respondenY5 no. 2&3 herein rerinquished their rights in the dispute without raising any dispute in future. All the parties agreed to withdraw the allegations made against each other and joint agreed that they will not recourse to any future litigation and the terms and conditions are mutually accepted. The both parties after obtaining the decree of compromise they both wiil not interfere with each other into personal life in any rr,anner tnd will not file any case against each other or against their family members. In the event of either of party fail to comply with any of the terms and condition of this MOU either party shall have the right to pursue any legal remedy available in law To avoid all the future misunderstandings and to avoid any future complications the parties above named entered this understanding with their free will and consent for which both the parties are bound to implement the same in true retter and spirit and by co-operating mutuaily for necessarily follow up action in this regard and to all things in this regard. '+7-yu g s- : ) k. The parties agree that this understanding is made and entered with their free will and consent and in the presence of elders and mediators and the same is permanent setuementrunderstanding in the interest of both the parties. r \ RCC Roofed house Bearing No.2-11-60 in ward no.2, block no.rl, admeasuring 115. 12 Sq. Yards situated at Bobbili Veedhi, Nizamabad with its open place, bounded by: " North South East West : : : : House of padmabhudevi; House of defenrJant no.1 and 3; Neighbour,s house (Dharmapuri and others); House of Ramchander Rao. Tin Roofed house bearing no.2-11-62 in ward no.2, btock no.lz,admeasuring L27.60 sq.. Yards situated at Bobbiri Veedhi, Nizamabad with its open prace, bounded by: North South East West House bearing no.2-1 1-60; * Road; House of Laxmibai(Dharmapuri and others); House of Ramehander IN WITNESS WHEREOF both the parties have signed this Memorandum of understanding at free will and consent on the day and month and year first above mentioned in the presence of the following; W- il*y d.rwuilta Aer 4 fi A?+*'Ke-r€q C Appeilant No.3 Appellant No.4 Appeliant No.5 Nl"ru^/+ ,l Appellant No.O 6ftp,^{ o Counsel for the No.7 Counsel for the Appellant Nos.3 to 6 o + IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRIJUSTICE E.V. VENUGOP SECOND APPEAL NOs: 51 & 52 OF 20{6 s=rdOND APPEAL No-51 oF 2016: Between:

1. SMT A PRABHAVATHI, Wo. Amirishetty Manikyam Gupta, Aged about 77 yeaB, Occ. House hold, R:/o. H.No.2-11-60'and 62, Bobb'ili veedhi, Nizamabad, Nizamabad District.

2. Amirishitey Manikyam Gupta, S/o. Late Vittal, Aged about 76 years, Occ. Retired Teacher, R/o. H.No.2-1 1-60 and 62, Bobbiti veedhi, Nizamabad, Nizamabad District. (Died)

3. Jagdishwar Gupta, S/o. Amirishetty Manikyam Gupta, Aged about 62 years, Occ. Bank Employee, Presently working as Chief Manager in State Bank of Hyderabad, Chaitanyapuri, Hyderabad-, R:/o. H.No.2-11:60 and 62, Bobbili veedhi, Nizamabad, Nizamabad District.

4. Ramesh, S/o. Amirishetty Manikyam Gupta, Aged about 53 years, Occ. Govt...Employee, Presently working as Executfue Engineer in GHMC at Sherilingampally, Hyderabad, R/o. H.No.2-'11-60 and-62, Bobbili veedhi, Nizamabad, Nizamabad Diskict.

5. Narender, S/o. Amirishetty Mankikyam Gupta, Aged qbout 44 years, Occ. Govt. Employee, Presently working in Meteorological department, Nizamabad, R/o. H.No.2-1 1-60 and 62, Bobbili veedhi, Nizamabad, Nizamabad District.

6. Praveen, S/o. Amirishetty Manikyam Gupta, Aged about 40 years, Occ. Benk Emplqyee, Presently working in State Bank of lndia, Mafilipur (Gujrath), R/o. H.No.2-1 1-60 and 62, Bobbiti veedhi, Nizamabad, Nizamabad District. -at APPELLANTS/PETITIONERS lN ].A.No.1 OF 2025 AND

1. SRI A. ASHOK GUPTA, S/o. Amirishetty Manikyam Gupta, Aged about 59 yeqrs, Occ. Bank Employee working in State Bank of Hyderadad Main, R/o. H.No.2-1 1-60 and 62, Bobbili veedhi, Nizamabad, Nizamabad District, Presently residing at C/o. Lingam 14-1 1, Phulong road, near Gole Hanuman, Nizamabad.

2. 9m! Q. Aruna, Wo. Sri Bonagiri Rajeshwar Aged about 54 years, Occ. House hold, R/o. H.No.'l-'13-400/3A, Vinayaknagar, N:izamabad, Ni2amabad District.

3. Smt. R. Savitha, Wo. Sri Ravva Kadareshwar, Aged about 51 years, Occ. House hold, R/o. Flat No.G2, Team Heritage Apartments, 13th main, 2nd Cross Bangalore. (Respondents Nos. 2 and 3 were added as per the Orders dt.'17-04-2014 in 1.A.No.1678/2012) RESPONDENTS/RESPONDENTS lN l.A.No.1 OF 2025 Appeal under section 100 of C.P.C., against the Judgment and Decree passed in Appeal Suit No.13 of 2010, dated 08.07.2015 on the file of the Vlll Additional District Judge, at Nizamabad confirming the Judgment and Decree passed in counter claim in OS No.158 of 2003 of Dt.21.12.2009, on the file of the Senior Civil Judge Nizamabad. D Between

1. SMT A PRABHAVATHI, Wo. Amirishetty Manikyam Gupta, Aged about 77 years, Occ. House hold, R/o. H.No.2-11-60 and 62, Bobbili veedhi, Nizamabad, Nizamabad District. 2. Amirishittey Manikyam Gupta (Died), - 3. Jagdishwar Gupta, S/o. Amirishetty Manikyam Gupta, Aged about 62 years, Occ. Bank Employee, Presently working as Chief Mahager in State Bank of Hyderabad, Chaitanyapuri, Hyderabad, R/o. H.No.2-1 1-60 and 62, Bobbili veedhi, Nizamabad, Nizamabad District.

4. Ramesh, S/o. Amirishetty Manikyam Gupta, Aged about 53 years, Occ. Govt. Employee, Presently working as Executive Engineer in GHMC at Sherilingampally, Hyderabad, R/o. H.No.2-1 1-60 and,62, Bobbili veedhi, Nizamabad, Nizamabad District.

5. Narender, S/o. Amirishetty Mankikyam Gupta, Aged about 44 years, Occ. Govt. Employee, Presently working in Meteorological Department, Nizamabad, R/o. H.No.2-1 1-60 and 62, Bobbili veedhi, Nizamabad, Nizamabad District.

6. Praveen, S/o. Amirishetty Manikyam Gupta, Aged about 40 years, Occ. B_a1k Emplqyee, Presently working in State Bank of lndia, at Mafilipur (Gujrath), R/o H.No.2-1 1-60 and 62, Bobbili veedhi, Nizamabad, Nizamabad District. APPELLANTS/Petitioners in LA.No.{ OF 2025 AND

4. SRI A ASHOK GUPTA, S/o. Amirishetty Manikyam Gupta, Aged about 59 years, Occ. Bank Employee working in State Bank of Hyderabad Main, R/o. H.No.2-l1-60 and 62, Bobbili veedhi, Nizamabad, Nizamabad Diskict, Presently residing at go. Lingam 1-4-1 1, Phulong road, near Gole Hanuman, Nizamabad.

5. Smt. B. Aruna, Wo. Sri Rawa Kadareshwar, Aged about 54 ye.ars, Occ. House hold, R/o. H.No. 1-13400t3A, Vinayaknagar, Nizamabad, Nizamabad District.

6. Smt. R. Savitha, Wo Sri Rawa Kadareshwar, Aged aboutS-1.years, Occ. House hold, R/o. Flat No.G2, Team Heritage Apartments, 13th main, 2nd Cross Bangalore. (Respondents Nos. 2 and 3 were added as per the Orders dt.17 -04-20t+ in l.A.No. 168012012) RESPONDENTS/RESPONDENTS IN I.A. 1 OF 2025 Appeal under section 100 C.P.C., against the Judgment and Decree passed in Appeal Suit No.12 of 2010, dated 08.07.2015 on the file of the Vlll Additional District Judge, at Nizamabad confirming the Judgment and Decree passed in O.S.No. 158 OF 2003 of Dt.21 .12.2009, on the file of the Senior Civil Judge, Nizamabad. ORDER: These appeals coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Lower Curt and the material papers in the Petition and upon hearing the arguments of Sri P. Shravan Kumar Goud, Advocate for the Appellants and M/s Rao & Associates for the Respondents in both appeals. That this Court doth common order and decree as follows:

1. That both the Second Appeals are be and hereby disposed of in terms of the compromise arrived at between the parties, as mentioned below. a. That the l't Appellant was the absolute owner of both the suit Schedule Properties of CT Roofed partty Tin Sheet Roofed and Partly RCC Roofed residential house with open land admeasuring 242.72 sq. yards with H.Nos.2-12'27 & 28 (Corresponding to old H.No.2-12-1,126 8L 1126ll situated in Ward No.2, Block No.l2, at Bobbili Veedhi, Nizamabad; b. That the deceased l't Appellant herein during her lifetime has gifted the house consisting of 115.12 sq. yards to the Respondent No.l herein vide Regd. Gift Settlement bearing Doc.No.268 4 I 1993, dt.07.06. I 993 ; c. That under these presents, it is mutually agreed by all the parties hereto that the actual physical possession of the Schedule-l property shall be delivered to the Respondent No.l herein by the Appellants and the Respondent No.l herein shall henceforth be the absolute owner and possessor of the Schedule-l property in his exclusive right, title and possession to the exclusion of the Appellants and the respondents No.2 & 3 herein and their Legal Representatives as the case may be; d. ,That under these presents, it is mutually agreed by and between all the parties hereto that with regard to any other claims like gold ornaments and the cash belonging to the diceased I'i and 2nd Appellants herein, the respondent No.l herein shall not have any right or claim and that the same shall be jointly retained by the Appellants No.3 to 6 herein; T e. That under these presents, all the parties hereto have mutually agreed, admitted and declared that the Schedule - tl Property( remaining land of 127.60 Sq. Yards) shall henceforth devolve in favour of the Appellants No.3 to 6 i.le. A. Jagdishwar Gupta, A. Ramesh, A. Narender and A. Praveen and that the I't respondent herein relinquished all his right, title, interest and possession of the Schedule "ll" property in favour of Appellants herein and that the respondent No.l or their Legal representatives shall henceforth would not possess anv right, title or interest in the Schedule-ll property; f. That the Respondents No.2 & 3 herein relinquished their rights in the dispute without raising any dispute in future; g. That all the parties agreed to withdraw the allegations made against each other and jointly agreed that they will not recourse to any future litigarion and the terms and conditions are mutually accepted; h. That both parties after obtaining the decree of compromise they both will not interfere rnith each other into personal life in any manner and will not file any case against each other or against their family members; i. That in the event of either of party fail to comply with nny of the terms and conditions of this MOU either party shall have the right to pursue any legal remedy available in law; j. That to avoid all the future misunderstandings and to avoid any future complications the parties above named entered this understanding with their free will and consent for which both the parties are bound to implement the same in true letter and spirit and by co-operating nrutually for necessarily follow up action in this regard and to all things in this regard; k. That the parlies agree that this understanding is made and erfrered with their free will and consent and in the presence of elders and mediatrtrs and the same is permanent settlement/understanding in the interest of both the parties. SCHEDULE OF PROPERTY No. I RCC Roofed house bearing No.2-l l-60 in Ward No.2, Block No.12, admeasuring ll5.l2 Sq. Yards situated at Bobbili Veedhi, Nizamabad with its open place, bounded by: North South East West : : : : House of Padmabhudevi House of defendant No.l and 3 Neighbour's house (Dharmapuri and others); House of Ramchander Rao SCHEDULE OF PROPERTY No.II Tin Roofed house bearing No.2-l I-62in ward No.2, Block No.12, admeasuring

127.60 Sq. Yards situated at Bobbili Veedhi, Nizamabad with its open place, bounded by: North Sourth East West : : : : House bearing No.2-11-60; Road House of Laxmibai (Dharmapuri & others); House of Ramchander.

2. That there shall be no order as to costs. //TRUE COPY// SD/.P.CH.NAGABHUSHAMBA DEPUTY B!;GISTRAR e SECTION OFFICER To L The VIII Additional District Judge, Nizamabad.

2. Two CD Copies. ASRiPSL o HIGH COURT DATED:1711012025 COMMON DECREE S S .No.51 of 2016 & .No.52 OF 2016 DISPOSING OF THE APPEALS & ORDERING THE I.As \il 0A