The High Court · 2025
Case Details
1. Ms. Megha Kumar D/o. Sri Sudesh Kumar, Aged about 38 LeqF,-Fc Pvt.ServTce, Rl/o.H.No. 1 02, Deshbandhu Apartments, Kalkaji, New Delhi-1 9. 2. Ms. Barkha Kumar D/o.Sri Sudesh Kumar, aged about 40 years, Occ Pvt.Service, Fi/o.H.No. 1 02, Deshbandhu Apartments, Kalkaji, New Delhi. 1 9
3. Mrs.Manju Kumar, (died Per L.Rs. 4 5 6 Smt.Kamlesh Thakral Wo.Jagdish Thakral, Aged 61 years, Occ Household, R/o.J-83, Kalkaji, New Delhi-1 '10019. Sudesh Kumar S/o. late Viswanath, Aged abor.rt 68 years, H.No.102, Deshbandhu Apartments, Kalkaji, New Delhi - 1'10 01€r Sri K.V.Giridharan, Principal District Judge (Retc.), Arbitrator, Ri/o.Ptot No.'12E, Street No.1, High Court Colony, Vanasthalipuram. Hyd.70. ...RESPONDENTS/RESPONDENTS lA NO: 2 OF 2025 Petition under Order XXlll rule 1 R/w Section 151 C;PC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner/Appellan:s to withdraw the CMA No 329 of 2016. lA NO: 1 OF 2018 Between: 1 2 Ms. _Megha Kumar D/o. Sri Sudesh Kumar, AgeC about 32 years, Occ Pvt.Service, R/o.H.No.102, Deshbandhu Apartmenis. l(alkaji, New-Delhi-19. Ms. Barkha Kumar D/o.Sri Sudesh Kumar, agerl about 34 years, Occ Pvt.Service, R/o.H.No.102, Deshbandhu Apartments, l(alkaji, Newbelhi.l g ... PETITIONERS/RESPONDENTS AND
1. Loyola School, Rep.by its Conespondent Mr.Johr Babu, S/o. Late MpR Prasad Rao, Aged 38 years, Ryo.10-2-317171, Pto: No.24l8, Vijaya Nagar Colony, Hyderabad.
2. D.Sujana Priya Darshini D/o.late MPR Prasad Rao, Aged 42 yearc 3. B. Atma Vinathi D/o.late MPR Prasad Rao, Aged 41 years 4. Grace Neetha Munay D/o. Late MPR Prasad Rao, A(ted 40 years, 5. Ch. Suguna Sravanthi D/o.late MPR Prasad Rao, Agt:c 3g years, 6. John Babu S/o.late MPR Prasad Rao, Aged 38 years ()cc Business, 7. M.Sam Babu S/o.late MPR Prasad Rao, Aged 34 years;, All are Rl/o 10-2-317171 , Plot No.24l8, Vijaya Nagar C olony, Hyderabad. B. K.V.Giridharan, Principal District Judge (Retd.), Arbitrator, Rfo.Plot No.12E, Street No.1, High Court Colony, Vanasthalipuram, Hyd.70.
9. tVlrs.Manju Kumar, (died) l0.Smt.Kamlesh Thakral Wo.Jagdish Thakral, Aged 6Cr ,years, Occ Household, R/o.J-83, Kalkaji, New Dethi-1 10019.
11.Sudesh Kumar S/o. late Viswanath, Aged about 65 years (Respondent No. I to 1 1 are not necessary) ...RESPONDENTS/RESPONDENTS 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 interim stay granted on 2O.04.2O16 in l.A.No.1 of 2016 (CMAMP No.658 of 2016) and as extended by order daled 21 .07.2O17 in l.A.No.2 ol 2016 (CMAMP No.930 of 2016) and as further extended by order dated 31.08.2017 in l.A.No.1 of 2017 (CMAMP No.1537 of 2017). lA NO: 2 OF 2018 Petition under Order 39 Rule 1 & 2 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 restrain the Respondents from changing the nature of the property and from dealing with the subject property in any manner, pending disposal of the present CMA SCHEDULE OF PROPERTY All that Dwelling house constructed in an area of 400 square Yards, Premises M.N0.10- 2-317171, Situated at Vijaynagar Colony, Hyderabad, bounded by : North: H.No.10-2-317172, belonging to N. Abhirama Krishna Rao, S/o.Cap.C.Raman South:H.No.10-2-31717O, belonging to Pandu Ranga Murthy, S/o. Suryanarayana On the East: H.No.10-2-317/ 64, belonging to B. Sripathi Rao Rao, S/o.Venkata Subbaiah On the West: Road lA NO: 3 OF 2018 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 post the l.A.No.1 of 2018 and l.A.No.2 of 2018 in C.M.A. No.329 2016 order passed on 01 .08.2018, under the caption FOR BEING MENTIONED for the purpose of correcting A.Venkatesh as P.Shiva Kumar an'l correcting Petitioners as Respondents. Counsel for the Appellants: Sri Anand Kumar Kapoor Counsel for the Respondents 1 and 2: Sri Sarvani DesiraLjtt The Court delivered the following COMMON JUDGMENT: { \ \ THE HON'BLE SRI JUSTTCE ABHTNAND KUMAR SHAVILI AND THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA I.A.No.2 of 2o.25 IN/AND C.M.A.No.S 29 0F 2016 9O!4!4AIYJUDCI4ENT: per Ho.,bte sn rustice Abhinarui Kum..r sl'.uilt When the matter is taken up for hearing, learned counsel for the appellants and learned counsel for the respondents have submitted that the parties have settled the matter out of the Court and to that elflect, the parties have \ I entcred into settlement agreement, dated 25.06.2025, annexed to I.A.No.2 of 2025, which is fited seeking tbr withdrawal of the appeal
2. In view of ttte same, this Court is of the conside red view that the present appeal can be closed in tcrms of the settlement egreement, dated 25.O6.2025, annexed to I.A.No:2 ot 2025.
3. Accordingly, I.A.No.2 of 2025 is allowed and the appeal is dismissed as withdrawn in terms of the scttlement entered into between the appellants and respondents. uide settlement agreement, dated 25.O6.2025. There shall be no order as to costs. 2 Miscellaneous Applications, if an1 , pending in this appeal shall stand closed. //TRUE COPY// \ Sd,. A.V.S. PRASAD GISTRAR OFFICER
1. The XXV Additionat Chief Judge, City Civit Court at t-lyderabad 2. One CC to Sri Anand Kumar Kapoor, Advocate [OptJC] 3. One CC to Sri Sarvani Desiraju, Advocate tOpUCl 4. Two CD Copies To, r- / VH/kam I HIGH COURT DATED: 0110712025 COMMON JUDGMENT lA NO: 2 OF 2025 IN/AND CMA.No.329 of 2016 SE,61 Ir t1: ( , 21t'otlM a rr. alAf f-i DISMISSING THE APPEAL AS WITHDRAWN 6 ?P \ \o 1D