The High Court · 2025

Counsel for the Appeltant in both : SRl. G. RAVI CHANDRAN Counsel for the Respondent Nos. I to 3 in both : SRI C.M.R. VELU Counsel for the Respondent Nos. S & 6 in both : SRI AKKAM ESHWAR Counsel for the Respondent No. 4 in both : The Court made the foilowing COMMON JUDGMENT : _ l" t t THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVII'I AND THE HON,BLE SMT. JUSTICE TIRUMALA DEVI EADA I.A.No .1 of2O25 tn and c.c.c.A. No.133 of 2023 COMMON JUDGMENT: Per Hon'ble Sn Just&e Abhnond Kumar ShauiLi) When the matter is taken up for hearing' learned counsel appearing for the appellants has informed the Court that the matter has been settled between the parties out of the Court'

2. To demonstrate that the case has been settled between the parties, the parties have hled Memorandum of Understanding' dated O3' 12'2024 and accordingly, I.A'No' 1 of 2025 lnas been hled to recorcl the compromise between them and contended that by allowing I.A.No' I of 2O25,'the present Appeal may be disPosed of.

3. Learned counsel appearing for the respondents did not dispute the said fact. I

4. This Court, having considered the submissions made by the parties, is of the rriew that I.A.No.1 of 2025 and the present Appeal can be disposed of in terms of Memorandum of Understanding, dated 03.12.2024 filed by the parties.

5. With the above observations, I.A.No. I of 2025 is allowed and accordingly, the Appeal is disposed of by recording the terms of the Memorandum of Understanding. No order as to costs. As a sequel, miscellaneous applications pending if any, shall stand ciosed. ".f.f#HI6i+Afs //TRUE COPYII SECTI OFF'CER I fo,

1. The Xll Addt. Chief Judge, City Civit Court, Sect 2. one cc to sRr. G. Ravl """_^-^..--uit' 3. one cc to sRt. c. M. F 4. TwocD copies l: vELu' Advocate toPucl CHANDRAN, Advocate fopucJ necunderabad ( with records ( kul/PSL along with a copy of Memorandum of Compromise) ;\ , ii' 'i:t', Ur HIGH COURT DATED:29 l}tt2)2s +DECREE FoRCOMPROMISE COII,IMON JUDGMENT t.A. No. 1 0F 2025 IN/AND CCCA.No.133 of 2023 ti, { ( siP M ,c ,.)-(, 1l '-\ )c 'i:{-:,.} DISPOSING OF THE APPEAL' IN TERMS OF THE MEMORANDUM OF UNDERSTANDING AND ALLOWING THE I.A. NO. T OF2025 WITHOUT COSTS b a),} r qffi dE{a ',S.:l'00 1 -i, 1 {-- ) a- " @ e-: o n- Ea t"ttrmr TELANGANA .t\ ,.r, l Clo r ou (-r a, 1 (f o't oo4 I OO 1 0c) '!() 1 r-)Q 10(- C) _t() C)(f 1O C)() o-l1-o { i 1L) a) -l ^ ,,w /* BG 63i 005 S (BIIIA BECU\1 l lc[N5rD sT \ll' \rEN L'. No. l5_210!r'ltr RCLN.. l!li4l.l/2r)2 I t.i-rl! l. v: 0.\\1AR \r ) N{(,^R. IIOTHI N^''\lr l, 1.r \ll Ir 1) Sll(:lt,\l) 'rstll ., MEMORANDUM OF UNDERSTANDING l\l^ND^l n^l A\ iart)alrAl_-tll At |.{l( ilPl ^(;aR olsrRl( f Ph 905271750ti This Memorandum of understanding is made and executed on this 3d day ofDecanber :oia .r secuUoERABAD bY and between: l) 2) 3) J. SAIBABA S/O LATE YADAGIRI Aged: 58 Years Occ: Pvt service Mrs AnasuYa w/o late Yadagiri Alred: 78 Years Occ: household Mrs J.Sandhya Rani D/o late Yadagiri A6ied: 48 Years Occ: household 4) Mrs Nagalakshmi D/o late Yadagiri Aged: 50 Years Occ: Housewife 5) J'srinivas S/o late Yadagiri o*to' o' Years occ: Busiress , d'};N,- .f ea{;*^ W . So,hAh 1a-Q-,,'h" t Q-ilofla'W'>'-Ja)t ^ -1'9*)un A Asur6-rooPa- n'Vif*bat"ir/It 6 All are R./o l0-5-4gg/4g9 Tukaramgare North Lallaguda Secunderabad (Ilerein after called rhe FIRST pARTy) AND l) Anjaneyulu S,/o late yadagiri Aged:48 years Occ: busincss 2) Mrs Swaroopa D/o late yadagiri Aged;61 years Occ: housewile , 3) Mrs Vijaya D/o late yadagiri Aged: 45 years occ: housewit'e All are R/o I0-5-4gg/4g9 Tukaramgate Norrh Lallaguda Secunderabad. (Herein after calted the SECOND pA RTy) Whereas Parry No;2 of rhe Firsr pafty filed OS No; 17 ot20t7 seeking panition of H.No; l0_ 5-4881489 Tukaramgate, North La,agud4 S""*a"rrbJ -d"whereas 2nd party has filed OS 64 of20l7 for partition of th^e said property so ulro ,fr. pr*o'".," rn open ,lot No: 107 in sy Nos 860, 861 and 862 adm 351 sq yard, ,i,r","a "i Llp".lnagar Malkajgiri Malkajgiri District against the first party I to 5. Whereas the Honorable XII Addl Chief Judge Secunderabad vide common judgrnenr and decree dated decreed both the suis grantini rr,u..r'a'** p*tres as per the decree an. whereas.being aggrieved by the judgmenr -d d"".". in OS Lq of20t7 the first pany has preferred CCCA No; 133 of 2023 against the second pa_rty herein which is pendine adjudication before the Flonorable High court for Telengana whereas both parties have agreed to settle the matter amicabry on various issues prertaining to the said two-properties and as such have decided ro enrer inro rhis Mou o, ih" b"to* mentioned terms and conditions. NOW THIS MOU WITNESSETH AS I'NDER l. The First party No;l and second party No;l have agreed to settle the issue amicably and the first party No;1 has taken the lead on behalf of the first pany Nos 2 to 5 and will rf.g*j b,^L;- ,t, , * afi;*N .. 6 ., V.'J\,9 - I'lt x-' < R'ftf*fi'-'t--7<r1'\ t 4!r't"'t/ , /C7'-fu A$t^:c"VooP't- )\ Ui;.r-)or+r_xaa I represent them and the second party No;r has agreed tn represent the second party Nos 2 to 3 in the said settlement The Second party No;l has agreed to receive share of 120 sq yards (amowrt value ol l. and the second partv Norl has also selling price) total ll2 ,*or alloned in respecr acreed ro receive rhe ,r." .n*. Jilio * ,rra, *1.1 t^1r, .lh"dule of propeffy ie ' in tot" o"i Ntloi ii' sv' No'860' 861 & 862 admeasuring 351 sq' vards siruated at Gopal Nagar. rr,,'rt,k"4gi.i, rr.r.a"n"t-uutt u;giri oi.,.ict in the said decree r"'o':;::;;";;;;;*;'" 'o 1o The first parly no;l has agreed ro bear Vacant land and LRS upto 5 Lakhs' il l. to 91' t1." qy"e amount exceeding from amount exceeds more than 5 LJ:';;; ;;;i"' 5 l.akhs by the lnd party onf y u"'oft-"''''-g'" tharges will applicable ts oer allotted share of land in respect of schedule r'' o'"0"*'*l' l^'cl"p"' orcrt'*"t07 in sv No'860' 861 & 861 jchal-Malkaigiri District admeasuring 351 sq yards ''*jt"ji"i"["0'r ii*pri*iiI *rtt" tire land will be sold through broker' ii"s"ti Muttaigiri' Me 'ta1 The both Parties herein agree that w'lthin J months of this MOU that they shall take 4. nhvsical mrasurements of th' 3i.a'ettr;;;.i;1 *li set the properrv registered on their :.#.;;.;;;;;s per the understanding in this MoU' The both parties herein agree that the property at Tularamgate shall also be shared 5. equally between the parties ;*i;-"; ot' the cou( decree and thev shall get the same ,.'*,,iJ,.oinequarsharesar1"i"j",m:r;;L;.tmfftl;fi "-[9.f,ff .ffi*i. into 2 equal shares in resPect t il;;;il*-;"' Secunderabad within i months of this MoU' The both parties herein have agreed to bear all the expenses in equal share between th" ..;.;rl:';i prop.rty i.c.. H.No.l0-5-488/489, Tukaramgate,

6. both of thern in respecr "f North Lallaguda, Secunderabad

7. The Parties herein the Honble High court of recording comPromise an conditions. .'..?^ t J')" have agreed that rhey shall jointly file compromise petition before aaa n :lo: ti: of 2023 as and wher necessary lor i"'.G* i st rii "i"i" a Decre e o[ Compromise on :the above terms and '. . /fu'/ -d aA nJ I < S..,!r A\1"-R*vi, t l, N-,ffc-L-o,xPa-' , {fi i'- ASNo"\c.oPc,- P'Vf;u-y t-t-aJJ"vY

8. Th. panies herein unr r.r.ng-. in?ii; il:'i!3Tdr':*: .h,,r;;;i;;;;iialJ,lj,,*i:1ru*r*:#*ii::yil'.#i:J",,T,:j that thev shall attend r

9. The parties herein have into this MoU with their free will and consenr and *itto',t *y ro.""; ;;.;:;;;"ttered mind and n;,;i;';;;ilTill.T: lXffffiHffi:J::,T,# ^ *",. ,.",0",,"..-"", IN WITNESS WHEREOF' both the pndlg. have set their hands-on this N{ou on the date first above mentioned and in the presence ol'the followin,e wihesses. WITNESSES: @qr 2e .,4e1&h/>,41:. J 4 t.9pNa 7) ry .S)JB,^A' ,, , Z- ''K .( b4, 3){

9.-'hJ\9*R*r-,i 4\ < 0..N.-9.-t- c,,r<t4't ,2 '(s 5)( V44 FIRST Pz\ RTY r) 7L u; A Sulo-\'oo Pcr- 3) fft)\a*cStta-ni SECOND PARTY BEFORE THE HONOURABLE I{IGH C URT OF TELENGANA AT: HYDT]RABAD I.A.No; CCCA NO. ot2O25 ot 2023 IN 133 Between : 1) J.Saibaba s/o late J'Yadagiri Aged;58 Years occ: Pvt service 2) Smt J.Anasuya W/o late J'Yadagiri Aged: 75 Years Occ: Household 3) Mrs SwarooPa Rani w/o J saibaba Aged; 49 Years Occ: housewile 4) J.Sai kiran s/o J-Saibaba Aged:27 Years Occ: Student All I to 4 are R/o i0-5-488/489' 1'ukaramgate North Lallaguda' Secunderabad AND 1) J.Anjaneyulu s/o late J'Yadagiri Aged: 48 Years Occ: Business 2) Smt SwarooPa D/o J Yadagiri Aged; 61 Years Occ: housewile 3) Smt Vijaya D/o J Yadagiri Aged; 45 Years Occ: housewile All 1 to 3 r/o l0-5-488/489,'lukaranrgate Petnrs/APPlnts North Lallaguda, Secu nderat-'ad 4) Mrs J.Sandhya rani D/o late Yadagili Aged: 48 years occ: houschold a- <Xe /./ /A,/A5r'i*vooq TwF,* tfifl,W g, V,' J-U ^L'Y\rUJ\l .fil*SUr ,/ :fi n) ^R, \a go; *' o4 2 5) Mrs Nagalakshmi d/o late yadagiri Aged: 50 years Occ: housewife 6) J.Srinivas s/o late yadagiri Agctl: 47 ycars Occ: Business Respts/l(espts MEMOR{ND LM OF TE o RDER2 3RULE3 OF CIVILPROCED s OF COMPRO MIS E ITI LE COD D IJN DF R E The Appeilants and Respondents I to 6 respectfully sub.rit as lolloi.vs: It is submitted that beir g-2023 passed in os l,' judge, Secund"."o,o,n"ulo"11l;:l:He aggrieved by the judgmenr and decree dated 2- rearned 12 th Addr chiel It is submitted that after tiling of the above appeal against the Respondents I to d, the Respondents I to 3 hercin ha,,,c comc forward l.:r amicabre settrement of the entire issue in the abovc appear and the Appellants 3 and 4 are none other than wife and herein and Respondents 4 and 5 are irefendants,.;T;t;;rff], own sister and brother of Appellant No; I herein. It is submitted that after ",", "nlL""i T: ::':;,:,"#,il?; *, :::i:::: :,,: rhe Respon den,. n pursuance of which they'entered into a Memorandum of l_.tnders tand ing dated 3-12-2024 agreeingon terms and co.ditions of settlement and since both the parties herein have arrived at an arnicable sefiiemenl in rhe ab ");l /tu - As.+r<r.Yoo f a- .f\ N'*l-di; . fr.v icnTuur'r' . s-h[hy*R*tt; 49 vd 9r A S--q+t' rct!/ufu $ 3 issues, they have felt it necessary to close the above appeal by way of getting the terms of their compromise recorded into writing and to get a decree passed in terms of the compromLse' TERMS OFCOMPROMISE l) In pursuance of the settlement' the Respondents I has agreed to receive share of i20 sq yards (amount value selling price) total 132 sq yards as per the court decree and the Respondent No;1 has also agreed to receive the same share of 120 sq yards out of 132 sq yards alrotted in respect of property in open plot No; 107 in 51'Nos 860' 86i and 862 admeasuring 351 sq yards situated at Gopal nagar Malkajgiri Medchal-Matkajgiri District in the said decree of the trial court' 2) The Appellant No;1 has agreed to bcar the vacant land tax and LRS up to Rs.5 lakhs and if the amount exceeds Rs'5 lakhs than the Respondent No: i has to bear the balance amoullt over and above Rs 5 00 lacs' Brol<erage charges will be applicable as per allotted'share of lancl in respect of schedule of property if applicable when the land will be sold through brol<er. 3) The appellants and respondent have agreed that they will take physical measurements of the propefiy and sllall get the propeny registered on their respective names as per the uriderstanriing in the MOU dated 3-12- 2024 within 3 months of the executior-r of the MOU - T s,.*"Ftu; Vi"-0'l'--'" ^^l 2-u z,r// ./ f.,r,l #U MFTY - A 5 rr:o-I oo 1''-' gosihS'/lr*) I "- , _ .rr,L rr, - fi'l t se)"- ,9"/) 4) \,/ 4 4) The Appellants anc H.No; 1,-5-4gurorr' shared equally 0",*. "uutu'gate trial court l, tn" .rir tttoondent herein agree that the propefty bearing North lallaguda Secunderabad shall be the parties herein as per the Decree passei.l by the m"*, ;ffi ;,:l;.'l1li::: :": ff #;i;:.:: ;*: spondents have also agreed to bear all thc expenses schedule ofproperrl, r Lr(aramgate North lallaguda 5) The Appellanrs and R in equal share betwee' siruared at HNo; T':-".r'ffi' ;',[.::"^e secu,derabad 6) Appellants and Respondenrs shall bear their res appeal. pectlve costs in the above The Appellant and Respondents therefore may be pleased to record the abovc tenr parties herein and a Decree of compr.omis passed in the above appeal in the inte rest ofJustlce. {S,, b^k* a-A\ #t r** Appellant No; I Appellant No 6 ;2 Appellant pray that this Honorablc coun s of compronrise between the e on the above tcnls rnay tre Ar 3Ap o pellant No;.1 Respond tNo ;l s*tr[hY -R*hl Respondent No;4 Counsel for ppellants AS\l]a-tsoopd_ Respondent No;2 & $ -fir -'t-.--,Y rvll Respondent No;5 'Vt R Respondent No;3 {9":-';u*l Respondent No;6 Hvderabad Counsel for l{esPts , lN THE HIGH couRT FOR TtlEAsT{TE oF TELANGANA ru ES DAY,TH e rvufr BT-B Till.Rt-Y 3[J"" PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI THE HONOURABLE SMT.ITiPICE TIRUMALA OEVI EADA l.A. NO.1 OF 2025 IN/AND CITY CIVIL cou RT APP EAL NO:1 33 0F 2023 Between: l.J.saibaba,siolateYadagiriAged5Eyearsocc.Pvt.Service 2. Mrs. J. Anasuya, wo latJyadagiri Aged. 75 years occ household 3. Mrs. J.Swaroopa n'nt' *'" 't Sa]uaua Aged 45 years Occ' Household i. ,. ar, Kiran, S/o J Sai baba Aged 21 years occ Student All r/o 10-5488/489 Tukaramgate North Lallaguda Secunderabad '..APPELLANTS/ Defendants 1' 5 to 7 in both AND 488/489 Tukaramgar I J Ani an ey u.,, 91"-13€ JSlf, : i::f"%",'# J33,1?, oo"?3#H'' " occ' Housewife' ,R[,i#Af88irBli'fE,.:i.'r1t5',ffiff ,'l-:,I"Tfi ;$;ff;6;a . yJi","j,,ru?f ,,tJ?: tgii:tgs: t'"f it'":i#x o u sewire' R/ o 1 0 - 5 -4 8 B/4 8 e e ss R/o 1 0 - 5- oy5l;-';u'&iBBrf Jt3lh?&51?"Iffi [fi%"iJ"t"ffi ersoccHousehord',R/o

5. Mrs. Nagalakshmi, D/o late Yadagiri Aged 50 years Occ House C/o J-Srinivas .l srinivas. S/o late Yadagiri Aged 47 years Occ Business R/o 10-5488i489 irirrimgate, North Lallaguda, SecunderaDao 6 ...RESPONDENTS/ D- 2 to 4 Appeal Under Section 96 RAlr/ Order 41 Rule .l of CpC aggrieved by the Judgment and Decree dated z-B-2023 in o.s.No. 64 of 2017 on tre-fiie of the court of the Xll Addl. Chief Judge, City Civil Court, Secunderabad l.A. NO.r OF 2o2s : Application under Order 23 Rule 3 R/w. Sec. 151 CPC praying that the High Court may be pleased to pass a decree in terms of the Memorandum of compromise filed therewith as between the appellants and respondents in the said LA. No 1 of 2025 on the file of the High Court. . The appeal and miscellaneous petition coming this day for orders as to settlement in the presence of Sri G. Ravi Chandran, Advocate for the Apperrants/Petitioners in both and of sri c.M.R. veru, Advocate for the respondent Nos. 1 to 3 in both and sri Akkam Eshwar, Advocate for Respondent Nos. 5 & 6 in both Appeflant and respondent through their respective Advocates having filed in l.A. No. 1 of 2o2s requesting the court to pass a decree in terms the memorandum of compromise entered into between them and upon perusing the grounds appeal, judgment and decree of the lower court and the memo of compromise purporting to have been signed by the parties and their Advocates and filed with the said I.A. No.1 of 2025 and it appearing from the said memorandum of compromise that the parties herein have entered into compromise and settled the matter out of court in terms memorandum of compromise filed herein. This Court DOTH RECORD the terms of the said memorandum of compromise in original where of is filed in the said l.A. No. 1 ol 2025 and a copy whereof is annexed hereto and DOTH in terms of the said memorandum of compromise declare ORDER and DECREE as follows l I I j j. That the Appeal be and hereby is disposed r 'o utspoS€cl of in terms of compromise and 'n" Memorandumor unn.^*.^r--l derstanding' dated 03-12-2024'

2. Thatn orr.r.n".' receive share o, , yards as per the courf ,^^,^^ - -, -' receive the ""ru ,'n respect of property in open plot No. 107 in admeasuring 20 sq years ( amount valu decree and the Responc share of 120 sq yards orr'u" settlement' the Respondent No l has agreed to ' '":' " vatue selling price ) total 132 sq 1 has arso agreed to of 132 sq yards allotted in 'o

3. MarkaiguiDistrict " ""':':::];ffi]#:T "o v"'0" situated r''o decree of the trial court. t has agreed to bear the , "o'nt exceeds *t o'''n"u amount over tl be applicable as per allotte y if appricabre when the ;:^; ]"r:,jr;il; in ,,51 3. That the Appe,ant ,,nu to Rs. S.rakhs ,"0 n ,' No.'r has to bear ,n'nu Brokerage charges *,,," of schedule o, oroo"n' broker, 4. That the appellants and ffil:::*::"::T::; ;l,",::ffi::. ::;.1 land tax and LRs up than the Respondent above Rs 5'00 lacs ' 'u""n' tn" understanding in the :cution of the MoU. Mou dated 3-12-2024 within 3 months of the "r.t 5. That the Appellants and r ;::. ;ff::*ffiiffi:,.jh1'l'lhe :;}"::::,lm:d[, T:" ;j :"i*"" 2 equal shares. measurements * *t ",*, ,lt:.ffi" nr'oerv bear ns Secunerabad shall be passed bv'fhe / 6 The Appellants and Respondents have also agreed to bear all the expenses in equal share between both of them in respect of the schedule of property situated at H. No. 10_5_488/489 Tukaramgate North lallaguda, Secunderabad 7 That the apperants and respondents sha, bear their respective costs in the above appeal B That there shall be no order as to costs in this appeal Sd/- K. SRINIVASA RAO JOINT REGISTRAR ' SEctto o ICER

1. The Xll Addl. Chief Judge, City Civil Court, Secunderabad , rwo c.D. copies \.V HIGH COURI DATED:29 tO7t2O2S DECREE FOR COMPROMISE ,.A. No. 1 0F 2025 IN/AND CCCA.No.133 of 2023 DISPOSING OF TI{E APPEAL IN TERMS OF THE MEMORA}{DUM OF I.]NDERSTANDING AND ALLOMNG THE I'A' NO' 1 OF 2025 WITHOUT COSTS la l},f