The High Court · 2025

Household R/o. H No.4578, MIG Phase-ll, BHEL, Ramachandrapuram. 7. Smt. Kalpana @ Aruna, W/o. Asha Goud, aged about 42 yrs, Occ] household R/o. Ramachandrapuram Village and Mandal, Medak district. 8. Raja Goud, s/o. Narsimha Goud, aged about 39 yrs, Business R/o. H.No.4578, MIG Phase-ll, BHEL Ramachandrapuram, Medak District. ...Respondents/Defendants No.1 & 2 & 7 to 9 l.A. NO: 1 OF 201O(ASMP. NO: 2143 OF 2010) Petition under Order 39 Rule 1 and 2 R/w. Section 15'1 of 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 alienating the plaint schedule properties in any manner, pending final disposal of the A.S. l.A. NO:2OF 2010(ASMP. NO: 2'144 OF 2010\ Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in pursuance of the decree and judgment delivered in OS No.90/2006 on the file of the Principal District Judge, Medak, at Sangareddy dated 07 06.2010 pending final disposal of the A.S. Counsel for the Appellants: SRI V.S.PRASAD, REPRESENTING SRI VSRANJANEYULU Gounsel for the Respondents: M RAJAMALLA REDOY The Court made the following JUDGMENT THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON,BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY I A.S.No.786 of 2O1O JUDGMENT: (Per the Hon'ble Si Justice Abhtnand Kumar Shauili) When the matter is taken up for hearing, Sri V.S.Prasad, learned counsel, representing Sri V.S.R.Anjaneyulu, learned counsel appearing for the appellants informed the Court that the dispute between the parties has been amicably settled out of the Court during the pendency of the appeal and he has also furnished compromise petition dated 07. I),.2OI7 to that effect.

2. Recording the said submission, this Court is of the considered view that the appeal can be disposed of in terms of compromise petition dated 07.1I.2017

3. Accordingly, the appeal is disposed of. No order as to costs. 2 \ \

4. As a sequel, miscelianeous applications pending if any, shall stand closed. SD/-T.VIJAY KUMAR DEPUTY REGISTRAR 6 SECTION OFFICER //TRUE COPY// To,

1. The Principal District Judge, Medak at Sangareddy. 2. One CC to Sri V S R Anjaneyalu, Advocate [OPUC] 3. One CC to Sri tvl Rajamalla Reddy, Advocate IOPUC] 4. Two CD Copies ABK /PSI, Along with a copy of Joint Memo of Compromise HIGH COURT DATED: 2610812025 JUDGMENT AS.No.786 of 2010 I ( STATE t) 11t$ s 6) )B ,f 4 * DISPOSING OF THE APPEAL WITHOUT COSTS * l,Fs t, + \da /G, - IN THE '?,?Il,% I+: l?tfiililBt?,,,DGE, ],A. N O, o. s_ NO oF 2077 IN 152 Oi:2016 Between I 2 3 I 5 B. Nagesh S,/o. B q.rH..;_, tr"ljfi?,i+",,"i,;ffi tir.?';un,.u,u. Bille Ramanujamma W/^ r fl ;=Tf.*ffi;;hi'"tfl#;'ir#1,: B ,^. an""o..Ilm ^v.eeresham (v & r4), Medak Dist., RH! %::*;i,:;,ii tl[ [:.,i. R,;ff :,, :,"^ " i;jj"ll^, P{". B. chandraiah, ;i;"': i,"":; :,2 lSiT; 3;; i^I:l:rn.s/o. Lare i:;'":',""::',', lA;A f : l;iru in,,ou,,,, r, R R D i s r, ",u,', "rrrr"'r,t" *, & M)' Fla nsareddv'Dist ^ " ' ,.. petitioners / plaintiffs AND I*:,iMifr13-'i; i#:[lii;:I "'" il",;1?Xi.*r"t1,(v)' sha n karDa IIi ( M ). n ( w/o sa,ha ia h ) I7::,ii!iit,,",""r,?::,[? ;,ffi [: i,a h ( w / o K s,a i a h ), K/o. lndrakaran (V), Sangareody (Nj), M,:cjukDist. i+fr$iti"'ffi iHl+iuffi :_ ],i ;#: Hiffl'tf'jr-w/o Bhaskar R,,o, f,i:; ij:1,]:;i;,.,-#t,io'jlFji'.n " ".,, . olony, sa,h a a h, 1 2 3 .' coR? ONArn rnA .oY; rC \), tor MUpp pRO @- A PYI LID KZ1\t \ 5 o r!srt ,E' ?e . M. Venkaiah S/o. Late Ankamma, Aqed about 62 years, Occ: Business, R/o. Plot No. l-27 & 28, Muppas Panchavati Colony, l?- Manikonda, Hyderabad-89 6 7 Godavari Infratech Projects Pvt. Ltd., Rep. by Aluri Seetaramaraju S/o. Late Anjaneyaraju, R/o. H.No.8-2-609lK, Karvy Center, Road l'Jo.10, Banjarahills, Hyderabad-500034. M/S. Muppa Projects India Pvt.Ltd., A company incorporated under Companies Act, Rep.by its lYanaging Director, l"tuppa Vishnu Vardhan S/o. M.Venkaiah, Aged about 34 years, Occupation: Managing Director of f'4ls. Muppa Projects indla Pvt.Ltd., And a company incorpcrated under companies Act Having its Regd. Office at Plot No.85, Muppas Pearl, lanardhan Hills, Gachibowli, Hyderabad-50032. (Respondents / defendents No.5 & 6 have already eritered with Development agreement with respondents / defendant No.7, as such they are not necessary parties to the compromise petition as the suit is not pressed against defendant No.4 &6) COMPRO M SF PETITION FILED U /ORD -XXIII RULE-3 OF CP c R1W SE C.151 OF CPC BY THE E R Respondents / Defendants

1. The petltioners / piaintiffs filed ihe abc'.'e s'-!it for specific performance of contract of sale dated 07-10-2005 in respect of land bearing Sy.No. 14/A, Ext. Ac. 4.20 gts., situated at Osmannagar (V), Ramchand r'crpui? fli (M), Medak Dist., now ln Sangareddy Dist., as against defendants. The petitioners / plaintiffs also sought reliei directing the defendants NIO'4 to 6 to join along \"ith defendants No. 1to 3 in the execution of REgd. Sale deed in respect of sui! schedule property i.e. land bearing Sy.Nc.14l.4., Ext, A,c. 4.20 gts., situated at Osmannagar (V). - 0,4 i1' N .-+'q'f \ - , rmrn t\ n f;c.a-.lATVNI'" ,' lO N' i wlL B @- .) For MUPPA p IND I Pvr. LfD &, .lgt,*- t I G., 2 3 The Respondents / defendants No.1 to 3 have filed Written Statement admitting the execution of contract of sale dated 07- 10-2006. The case is posted For appearance oF defendants No.4 to 6. The petitioners / plaintiffs disputed the execution of release deeds dated 06-07-2015 vide Doct. No. 12019 of 2015 and also release deed dated 06-07-2015 vide Doct. No. 12021 of 2015 and release deed dated 06-0/-2015 vide Doct. No. 12022 of 2015 executed by defendants No.1 to 3 in favor of deFendants No,4 to 6, as such the defendants l\o.4 to 6 are also added in the above said suit. WHEREAS, as per the case of the plaintiffs, the plaintiffs paid an amount of Rs. 79,00,000/- on r-liiferent occasions to the defendants No.1 to 3. The plaintif'fs paid an amount of Rs. 40,00,000/- on the date of execution of Agreement of sale Cated 07-10-2006 and paid Rs. 15,00,000/- on 02-01-2012. The plaintiffs also paid a sum of Rs. 15,00.000/ on 06-02-2014 i.e. a sum of Rs. 4.00,000/- by way of demand drafts and an amount of Rs. 3,00,000/- was paid by way of cash, thus on 06- 02-2014 the deFendants No.1 to 3 have r3ceived Rs. 15,00,000/- .Defendants No.1 to 3 approached on 25-02-2015 and requested to pay amount of Rs. 10,00,000/-, accordingly as per the request of the defendants No.1 to 3 an rrnount of Rs. 9,00,000/- i.e. Rs. 3,00,000/- to each defendants No.1 to 3 was paid by way of demand draft and a sum oF Rs. 1,00,000/- was paid by way of cash. Thus the defendants No.1 to 3 have taken Rs. 80,q0,000/- on different occasions. 4 ,, \ The defe$dants No.1 to 3 have approached the plaintiff again received. a0 amount of Rs. 10,00,000/- by way of cash on 01-05- 2015 for tlieir necessities. WHEREAS, tire defendants No.1 to 3 approache; again the plaintiffs and requested to pay an amount of Rs. 10,00,000/- on 05-06-2015. p RP oqd o\{A W B{y For fTUPPA PRoi W_ DIA L'i0 A.'' 'z{n, e r( r( ti 'T cf'L ,1,{ '(: ' t t:'\ , 't Accofdrnqty the said amount was paid to defendants No.1 to 3 a.n-d'again on 01-07-2015 the defendants No.1 to 3 approached and requested to pay an amount of Rs. 10.00,000/-, accordingly the said amount was paid. thus in all the defendants No.1 to 3 have received a sum of Rs. 1,10.00,000/- from the plaintiffs on diFferent occasions as stated supra. While the matter stocd the Defendants No.1 to 3 have executed release deed on 06-07-2015 vide Doct. No. 12019 of 2015, and also another release deed same date Doct, No.12021 and also release deed dated 06-07-2015 Doct. No.12022 of 2015 in favour of the defendants No.4 to 6 after coming to know the plaintiffs filed the above suit For specific performance. While the matter stbod the parties i.e. plaintiffs and defendants I\o.1 to 5 & 7 herein have ccrnpromised the case out of the court on the advice of well-wishers and respectable mediators and elders in order to put an end to the litigation and to maintain peace and good rqtationship between the parties. In the said discussions the defeirdant No.4 to 6 brought to the notice of the plaintiFf that they entered into development agreement in favour of defendant No.7, as such defendant No.7 is added as party to the suit. As the (oefendant No.6 has already entered into development agreement with defendant No.7, as such the oelenoant No.tt is not necessary Darty to the suit, accorciinglv suit is not pressed against defendant No.6, and defendant No.6 is also not necessary party to the compromise petition. WHEREAS, the piaintiffs ana oefenoants No.i to 5 & 7 have settieci the matter after prolonged discussions and the defendants iio.4 & 5 and defendant No.7 have agreed to pay the total anouht of Rs. 1,95,00,000/- ( Rupees One Crore Ninety Five Only):tb the plaintiffs No.1 to 5 and also defendants No.1 to 3 . towards fuli and tinal settlement towards totai ciaim of the plaintiFis ahd deferidants No.1 to 3 5 5 7 ^,t t'V 0,' \' B\h o NtO\l Ato sty ,t,fP' W' For MUPFA PROJECTS INDIA LIL ng Oireaio, ,? - The defendants No.4 & 5 also execuied development agreement cum GPA which is duly registered in the name of defendant No.7, accordingly the defendant No.7 has agreed to pay the amount of Rs.1,95,00.000/- by way of installments as he entered into development agreement cum GPA with the detendant No.s 4 to 6. as such the amount paid by the defendant No.7 to the defendant No.l to 3 on behalf of defendant No. 4 To 6 as the defendant No.7 is development agreement cum GPA Holder. An amount of Rs. 70,00,000/- by way of cheques are paid on the day of filing oF the compromise petition as follows : 1 2 J 4 5 An amount of Rs. 15,00,000/- by way of account payee cheque No.093586, dated 31-10-2017, SBI, Yellareddiguda Branch . in favour of the plaintiff No. 1. An amount of Rs. 15,00,000/- by way of account payee cheque No.093587, dated 31-10-2017, SBI, Yellareddiguda Branch , in favour of the plaintiff No.2. An amount of Rs. 10,00,000/- by way of account payee cheque No.093588. dated 3l-lc-2077, SBI, Yellareddiguda Branch , in favour of the plaintiff No.3. An amounL of Rs. 15,00,000/- hy way of accountl payee .cheque No.093589, dated 31-10-2077, SBl, Yellareddiguda Branch ,in favour of the plaintiff No.5. An emount of Rs. 7,00,000/- by way of account payee cheque No.988343, datecl 31-10-2(117, SBl, Yellareddiguda Bra-nch .in favour of the Defendant No. 1. " r\ 6. r. \\ frl,I Y ^ 'r\)\\A$ \Q (orr " An ^ che $i1' Bra amount of Rs. 3,00,000/- by way oF account pay que No.988344, dated 31- 10-2017, SBI our of the Defend ,".,i , ' ,. i., Y e< #rr' ,J,'ffi, 7 An amount of Rs. 5,00,000/- by way of atcount payee cheque No.093592, dated 31-10-2017, SBI, iellareddiguda Branch ,in favour of the Defendant No.3. Thus an amount of F3, 70,00,000/- by way of cheques paid cn this day of compromise. As per the terms df the compromise an amount of Rs. 70,00,000/- as secon&instzitf mehts Uy way of postdated cheques as the parties have agreed for receipt of the above said post dated cheques.

1. An amount of -Bs. 20i00,000/- by. way of account payee cheque No.093$93, dated.3 1-0 l.:2018, SBI, Yellareddiguda Branch ,in favoir of the plaintiff No.i. 'l i i:- t!'

2. An amount of.:$s. 20,00"000/- by'$ray..ofr,account payee cheq ue No. 093{p 4, datai 3 1 -01.-2018, SBI, Yellareddig uda Branch ,;n f avotjr of the plaintitf No.2. ' 3 An amount of [ts. 5,00,000/- by way of account payee cheque No.093{95, dated 31-01-2018, SBL Yellareddiguda Branch ,in fav66r- of the plaintiff No.3. An amcunt of [is. 25,00,000,/- by way of account pa.,,e: cheque No.093b96, dated 31-01-2018, SBI, ye areddiguda Branch , in favour of the plaintiff No.5. A:i p,er the terms of the compromise an amount oi Rs 55,00,000/- as third installments by giving postdated cheques. I An amdunt of Rs. 12,00,000/- by way of account payee cheque No.988345, dated 30-04-2018. SBI, ye areddiguda Branch , in favbui- of the plaintiff No.1. /\ N -+'Cq n oarnq*0$FPrr'N r, n'" w scv'w f For MU?PA PROJE ( S l.lDl/\ ? LiL) Df g D:ts.!ai o - 10 2 l 4

5. An amount of Rs. 6,00,000/- by way of account payee cheque No.988346, dated 30-04-2018, SBi, Yellareddiguda Branch , in favour of the plaintiff No.2. An amount of Rs. 26,00,000,/- by way of account payee cheque No.988347, dated 30-04-2018, SBI, Yellareddiguda Branch . in favour of the plaintiff No.3. An amount of Rs. 6,00.000/- by way of account payee cheque No.9BB34B, dated 30-04-2018, SBI, Yellareddiguda Branch , in favour of the plaintiff No.4. An amount of Rs. 5,00.000/- by way of account payee cheque No.988349, dated 30-04-2018, SBI, Yellareddiguda Eranch , in favour of the plaintiff No.5. The defendants No.4 & 6 have entered into development agreement cum GPA in favour of defendant No.7 as such the amounts paid to the plaintiffs and defendants No.1 to 3 by defendant No.7 in respect of suit schedule property towards full and final settlement and also all claims- in respect of schedule properties. As per the mutual understanding between the parties the plaintiffs have agreed and accepled for one month of the grace period to second and third installrfents cheques as stated supra. For any.reason the post dated cheques issued by the defendants No.7 on on behalf of himself and defendanl No. 4 to 6 if the cheques are not honoured (dishonoured) the plaintiffs are entitled to recover the said arnount as against the defendants No.4 & 5 and defendants No.4 & 5 and deFendant No.7 and they agreed to create a charge in Sy.No. l4/A, Ext. Ac. 4.20 gts., situated at Osmannagar (V) till the above said amount is rea lized. t. p .;ttC N* For MUPPA PROJ IND pvr-. rro .,rd- slog Olrector ,9 \1 11 \l ,,'Lt{ff"1 72 13 !4 fl P-v^/l RRqoraaJN WHEREAS, the plaintilfs No.1 to 5 and defendants No. 1 to 3 do hereby admit the execiJtion oF Release deeds on 06-07-2015 in favour of defendant No.4 to 6 vide Doct. No. 12019 of 2015 and 12027 of 2015 and 12022 of 2015. The plaintiffs and defenCants []o.1 to 3 do hereby admit the right, title and possession in respect cf schedule propertv in favour of defendants No.4 to 6. WHEREAS, the Respondents / defendants No.1 to 3 have filed application for passing of final decree vide IA No. 282 of 2011, in OS No. 90 of 2006 on the file of Prl. Dist. ludge, Medak at Sangareddy. The resDondent / deFendants No.1 to 3 shall withdraw the said -'application try filing a memo in the said suit. VVHEREAS, after passiriit of dec,'ee in OS:No.90 of 2006 by the Hon'ble Pri. Dist. -)udge, Medak et Sangareddy,'the resDondents / defendants NO.4 qo-.6 have prefe!-red appeal AS No.786 of 201 on the file of Hon'blqHigh court of Judir=ture .of+tyderabad foi- the state of TS and Afh -iir \: WHEREAS, the petitfirers / plaintiffs No. 1to 5 who are the agreement holders aid defendants No. 1 to 3 are hereby adiiritiiirE that they l-,er.e no clalm in Sy.No. 14lA, Ext. Ac.4.ZO gts., and hence decree passed in OS No. 90 of 2006 is liable to b. sei JsiCe in yiew 3f the cornpromise recorded in OS No.152 of 2016 on the file of VII r\ddl. Dist. ludge, Medak at Sangareddy. Whereas, the defendants No.4 to 6 are entitled to file an application before the Hon'ble High court oF AP in AS No.786 of 2010 to set aside the judgment in terms of the compromise and defendants No.1 to 3 herein have undertook to cooperate with the defendants No.4 to 6 and they will endorse no objection to allow the appeal by setting aside the jucjgment and decree in 05 ND.-oC cf 2006 on the 'file of Prl. Dist. ludge, Medak at Sangareddy in view of a compromise filed in OS No.152 of 2016 orr the file of VII Addi Dist. judge, Mecjak at Sangaredcjy A,ofnF @+ G{Z'uuoror** -.bhr!- Y tu: giril f.;.octci ? - I .,ln,,:i:.j:T,;il:::"Jj. thafthis Hon.bre court may be preased to ,n terms of the compromise, holding that defendants No.4 to 6 ur" a,. absolute owners and possessors bearlng sy.No.1 4/A, Ext.:he 4'20 sts'' situated at os Ramchandrapur"; ;;'rlt '"t,^T:l:]irfilT:::i:t;: nteresr oF jusric" uno A' tl -HtlU' B RomfttuN ^':i* "qr,ryluk oF iand 'o''i'4 5. i\ Petitioners / pla intifFs e Petitioners / plaintiffs. Coun oate :) -t7_2017 Place:/Sangareddy.

1. 3 5 For MUPpA PROJECIS NDIA PvI. LID-

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