✦ High Court of India · 15 Sep 2025

The High Court · 2025

Case Details High Court of India · 15 Sep 2025

Court

High Court of India

Decided

15 Sep 2025

Bench

ABHINAND KUMAR SHAVILI COURT PRINCIPAL DISTRICT PRINCIPAL PRINCIPAL DISTRICT

Length

2,455 words

Acts & Sections

Code of Civil Procedure §151 Code of Civil Procedure §96

Appeal under Section 96 of C.P.C. aggrieved by the Judgment and decree dated 06-06-2:011 in O.S.No.S8 of 2006 on the file of the Cou( of the Principal District Judge at Nalgonda. Bet^reen:

1. Anthati Balaraj Goud, S/o. Laxmaiah, Age:53 years, Occ: Business, H.No.4- '13/43 Alkapuri Colony Saroornagar Ranga Reddy Diskict.

2. Anthati Anuradha, Wo. Balraaj Goud, Age:47 years, Occ: Household, H.No. 4-13143 Alkapuri Colony Saroornagar Ranga Reddy District. AND ...Appellants/Defendants 1 & 2 1 . M.Somaiah, S/o. Ramaiah, Age:45 years, Occ: Business, Flat No. 20, Srimukhi Towers Bapu Nagar, Amberpet, Hyderabad.

2. S.Ravinder, S/o. Kistaiah, Age:39 years, Occ: Business, H.no.2-3-528lCl15lB BapuNragar,Amberpet,Hyderabad. ...Respondents/Plaintiffs 3. Ch.lndira, Wo. Sudarshan Goud, Age:44 years, Occ: Household H.No.

1811211.3 Kamalanagar Road No. 5, Gaddi Annaram Hyderabad. ,,.RespondenUDefendant -3

1.A. NO: 1 OF 2011(ASMP. NO: 1665 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fil,ed in support of the petition, the High Court may be pleased to stay all further pro<;eedings passed in judgment and decree dt. 06-06-20'1 1 passed in OS.No.58 of 11006 on the file of the Principal District Judge, Nalgonda pending disposal of the above appeal. lA NO: 4 OF 2018 Between:

1. M.Somaiah, S/o. Ramaiah, Age:50 years, Occ: Business, Flat No. 20, Srimukhi Towers Bapu Nagar, Amberpet, Hyderabad.

2. S.Ravinrjer, S/o. Kistaiah, Age:45 years, Occ: Business, H.no.2-3-528lCl15lB Bapu Nagar, Amberpet, Hyderabad. ...Petitioners/Respondents No.'l and 2/Respondents No.1 and 2 AND

1. Anthati l3alaraj Goud, S/o. Laxmaiah, Age:59 years, Occ: Business, H.No.4- 13/43 Alkapuri Colony Saroornagar Ranga Reddy District.

2. Anthati /\nuradha, Wo. Balraaj Goud, Age:53 years, Occ: Household, H.No. 4-13143.Alkapuri Colony Saroornagar Ranga Reddy District. ...Respondents/Petitioners/Appellants 3. Ch.lndira, Wo. Sudarshan Goud, Age:50 years, Occ: Household H.No. '18112113 Kamalanagar Road No. 5, Gaddi Annaram Hyderabad. ...RespondenURespondent No.3/Respondent No.3 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fil,:d in support of the petition, the High Court may be pleased to vacate the interim order passed in A.s.M.P.No.166s ot 2011 in AS 4g6/1 1 dated 17.08.2011. Counset for the Appellants: Sri T. Venkat Reddy Counsel for the Respondents: Sri K. Venumadhav The Court detivered the following: COMMON JUDGMENT a THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY I.A.No.1 OF 2O25 IN/AND A.S.No.673 OF 2O11 AND A.S.No.486 OF 2O11 COMMON JUDGMENT: (Per Hon'bte sri Justice Abhinand Kumar shaviti) Agg;rieved by the judgment and decree, dated 06.06.2011, passed in O.S.No.58 of 2006 by the learned Principal District Judge, Nalgonda, defendant No.3 filed A.S.No.673 of 2011 and defendant Nos.1 an(l 2 filed A.S.No.486 0f 2011.

2. Heard learned counsel for the pq.rties and perused the record. A.S.No.6'73 of 2O11

3. I.A.No.1 of 2025, under Order XXIII Rule 3 read with Section 151 C.P.C., is filed seeking to dispose of the appeal in terms of the Memorandum of Understanding, dated 26.06.2025, entered into between the appellant/defendant No.3 and respondent Nos.1 and 2/plaintifls.

4. Whr:n the matter is taken up for hearing, learned counsel for the appellant/defendant No.3 and learned counsel for respondent Nos.1 ancl 2/plaintiffs had informed the Court that the issue raised in l_.,* AKSJ & VRKR,J A.S.No.673 of 2oll & batch the present appeal has been amicably setiled between the parties 2 and to that effect the appellant and respondent Nos.1 and 2 have entered into a Memorandum of understanding, dated 26.06.202s, which was annexed to I.A.No. t of 2025. Learned counset further contended that the appeal may be disposed of in terms of the Memorandum of Understanding, dated 26.o6.zozs, entered into between the appellant and respondent Nos.1 and 2.

5. The parties are present in the court and they are identified by their respective counsel. The appellant and respondent Nos.1 and 2 have stated before this Court that they have amicably setiled the dispute outside the court and they have entered into a Mernorandum of Understanding, dated'z6.o6.2ozs. Respondent Nos.3 and 4/defendant Nos.1 and 2 reported no objection for recording the compromise.

6. This court, having considered the said submissions, is of the considered view that the appeal can be disposed of in terms of the Memorandum of understanding, dated 26.06.202s, annexed to i I.A.No.l of 2025

7. Accordingly, I.A.No.1 of 2025 is allowed and the appeal is disposed of in terms of the Memorandum of Understanding, dated

26.06.2025, entered into between the appellant and respondent / / { I J AKSJ&VRKR,J A.S.No.673 of 2Ol1 & batch Nos.1 and 2. The Memorandum of Understanding, dated

26.06.20.15, shall form part of the decree. A.S.No.486 of 2O11:

8. Learned counsel for the appellants/defendant Nos.1 and 2 submittecl that in view of disposal of A.S.No.673 of 2OLt in terms of the Mem,crandum of Understanding, dated 26.06.2025, no orders need to be Passed in this aPPeal. g. Recording the said submissiotl, the appeal is closed. Miscellaneous Applications, if any, pending in these appeals, shall stand closed. There shall be no order as to costs. //TRUE COPY'/ To,

1. The PrirrciPal District Judge at Nalgonda. (with 2 3 4 5 One CO to Sri M. Surender Rao, Advocate [OPUC] . One CO to SriT. Venkat Reddy, Advocate IOPUC] . One CC to Sri K. Venumadhav, Advocate [OPUC] . Two CD CoPies (Along 'ryith a Copy of Memorandum of Understanding) Kam/PSL \ v SD'.A.V.S.PRASAD DEPUTY REGISTRAR SECTION OFFICER , if any) a I .l n Ia €!fr_EFlg ';r- ' : -a a l s a -ir ,!i } F. ,f:i HIGH COURT ATED:{5/0912025 COMMON JUDGMENT+DEGREE .A.No.1 ot 2025 AS.No.6l73 ot 2011 AS.No.486 of 2011 l.A.No.l ot 20251S ALLOWED THE APPEAL !S DISPOSED OF IN TERMS OF MEMORANDUM OF UNDERSTANDING A.S.No.486 of 2011 lS CLOSED 5 b _I .J' EI B p ()o-f ()(}.t oo'1 C}()-' C} N I oo-, o", oo oo-, a(} I !. I , i ; I I ! l I t P .I Beroheo +dirnmr TELANGANa { Tian:I& 2506021 359?336E222 Date 02 JIrN 1025,ln:00 PM PriShrscd By: CH.INDIRA. Wo SUDARSI{ANGOI,JD tu'oHYD tr'#who- SELFANDOTHERS 4 B 1 4518 ; Lic. No, l5-27-0531201.1 STAMP YENDOff, Rcn.No. I S -O7 -OO I /2023 Plot No. 37, H.No. Z-l-ltl?, Pedmavathi Nagrr Colory. Nagole. Uppat. Mcdchal Dist Ph9293t06326 Memorandum of understanding is made and executed on thrs the u Thls '$(-Ea"v t 1 $

2.F M, Somaiah, S/o Ramalah, Aged about SS yeirs, R/o. Flat No.20, srimukhi Towers, Bapunagar; n*u".p"i rirlurr#io - - -----' I: *:.rild!. s/_q Kistaiah, Ased about 52 years, R/o H. No. 2-3-528t Ct tS I 8, Srimukhi Towdrs, Bapuna gar, Amberpqt, Hyderabad - 30 * & (Hereinafter called as FIRST PARTY) AND Ch. Indira, Wlo Ch.Sudarshan Goud, Aged about 5g yea_rc, Na 18/1,2!/3, Kamqlanagar, Road No.S, B e fi(ltereinafter called as SECOND H q $ 2 3 .Cofltd...r2., e n pt,lrirs, t , ' :af{ J {. .1. 2 '/,HEREAS the First party herein fired a.civir suit vide o.S.No. 5g of 2006 0n the fire of riondre n.ilxr;T 6,.tri"t Jfi;;t, Narsonda a ga ins t Anthati Ba rraj Goud, nntrr aii'e-ffi inu ro. specific performa nce of agreement of sare date d'L4-La-jocio i, i"spect- of rand Jo*""=uring Ac'0-20 gts.r in sv.No.353/aA, r";i- "i*=";.r.i;g ;;,rli, gB., in Sy.No.35s/M.: totat admeasulin, -o;l-bi -qunta., situated at Velimirredu Village, Chityal frla,naal ,v.Gn.iO" Districl,, relahgand, as 'oatTii the said Anlhgti tJr_o- "il d;;ri onrr.ona executeo an Agree*ent of sare in Fivour o.f rhe-fi.;t;ily, pgt faired to rulRtt ttr" Agreertent 'of sale and atienateJ i.r,"'"15i"'3"ia tana io ihe .second party herein. ;",;=r-*;gJ.il.;#no parry herein ,as party to the saiJ r'rit as Defenoant N_o_.3, as per the order dated p,assed in. r.A.No.tooitTgoe- i, o]3: N;. 58 of 2006, since the said Antharr B_ar1aj Goud, Airtnuti nr,irr-ir,.' whire nendin! the said Agreement of sare-wn'irninui'..*".ured infaio:10_f tlre frrst parry they have arienated the above suii rarc-til" ill""o parry herein for varid sare cor;sideration. Accordinqty, ,I^u_ ilil;arty herein got effected the mutation of the said funi in_her favoui 5rg 9ot p66a_pass,Book ft:fr#T; jff"q.,: her ravour r., ,h" i#sirdar, chityar Mandar, Lgrer the firsi . WHEREAS the said suit of fi1st.Ou.t, vide 0,S. No. 5g of 2006 is decreed as praved ror- ov't;: Iir;i p;il',fi rurori.o}-nlit party,. Assrieved with the said'o"ir" and :u'agmeni il; I""[no parry preferrec an Appeal via-e e.!.rvo.ozg'Jr ioi?' !9fore ,ne uon bte: High Court of Tetangana tne same q o!rai,;;.-bu.ing ,pendency, of said Appeat, the matter has Oeen im,:jOrv ;il1"[.Ooween tn" dr$ parry and sec,nd party herein, ar" to ii,ti-"iiio, of erders and we,r X#*,.3i, ttJ'J:lJrXTLiTin a,.e- tne-' il".ponoents J' second . effected-,,t,,i or cou.t. ;;;ffi!il i3ffi* ;iffJr"H"*r,::.f . [rf. lffi ,["rT;[:H:, or u nte rs t"1,0 i, i" fr',#o r.i n s th e te rm s a n d ", . 1 2 That First_ and second parties agreed to receive 5070 each in land above said tand admeasuring Ac.1.31 ,*"". That the Second party No. 673 of 2Ott as not undertakes to withdraw the Appeal Suit ) X4*- 3 ..contd....3., ..:\" .- . i i I i i i t rn of '5 7 'g ' " l' ..r.. --r---'1-...: '" 1 r" guntas Ac. Ac. ;------' extent, 1-31 0-09 guntas Encroached by Petrol Purnp, ff:3:33 Slllii n"ne ror widenine cr:Nationar Hish wav' ' i::ili3 3lit3: occupied bv chepufi Ramchander Rao (sc)' tcit'ttt-o|.|.oogun!aslandonlyisthere,.- ;;; tne i* o""Elr"1fffi'""e is entiu"d r;#I!rni"' At present PhYsically avai!able Extent is L-00 Acre' both the Parties signed this free will and consent on this the day the Presence of following witr.tesses 1 $hr IN WITNESS WHEREOF Understanding witft tltif ;;;'=;i,;,; m?ntioned' i n t*9 PARTIES FIRsr chf t flrtl0' SECOND PARTY F

1. u, [n 'PR{l+ 2 ULV ' f\z-frana' k*da) .1. , a { t I ) IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRIJUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY A.S.NO: 673 OF 2011 Between: Ch. lndira, Wo. Sundarshan Goud, Age:44 years, R/o. 18112113, Kamalanagar, Road No. 5, Gaddiannaram, Hyderabad. ...AppellanUDefendant No.3 AND

1. M.Somaiah, S/o. Ramaiah, Age:55 years, R/o. Flat No.20, Srimukhi Towers, Bapunagar, Amberpet, Hyderabad-3O.

2. S.Ravinder, S/o. Kistaiah, Age:40 years, R/o. H.No.2-3-5281C11518, Srimukhi Towers, Bapunagar, Amberpet, Hyderabad-3O. ... Respondents/Plaintiff

3. Anthati Balaraj Goud, S/o. Lakshmaiah, Age:53 years, R/o. 4-13143, Alkapuri Colony, Saroornagar, Hyderabad.

4. Anthati Anuradha, Wo. Balraj Goud, Age:47 years, R/o. 4-13143, Alkapuri Colony, Saroornagar, Hyderabad. t ..RespondenUDefendant Appeal under Section 96 of C.P.C. aggrieved by the Judgment and decree dated 06-06-2011 in O.S.No.S8 of 2006 on the file of the Court of the Principal District Judge at Nalgonda. a This appeal coming on for hearing and upon perusing the grounds of appeal, the judgment and Decree of the Lower Court and the material papers in the case and upon hearing the argument of Sri M. Surender Rao, Advocate for the Appellant and Sri K. Venumadhav, Advocate for the Respondents. i' t; This

6. Court doth Order and Decree as follows: That the Appeal Suit be and hereby is disposed of in terms of the Memorandum of Understanding, passed in l.A.No.1 ot 2025 dated 26-06- 2025, entered into between the appellant and respondent Nos.1 and 2; That the First and Second parties agreed to receive 50% each in land above said land admeasuring Ac.1 .31 guntas; That the Second party undertakes to withdraw the Appeal Suit No.673 of 201.t as not pressed; That the parties herein mutually agreed that either of the party herein can sell the above said land to the prospective purchaser for market value rate and both th's parties herein be and hereby are entitled for equal shares i.e., 50o/o each i.e. 50%o be and hereby is together entifled by Nos.1 & 2 offirst party and renraining 50% be and hereby is entitled by second party; That if rrny of the party intends to kept the above said land as their asset, the interest party should give 50o/o of the market value to the other party, for which both parties herein agreed; That th,: parties herein agreed that there shall be no further claims against each other in future;

7. That the First parties shall not file any further cases against the Second party in respe,ct of same subject mafter in future;

8. That if rrny disputes or claims from their legal heirs, the respective party are responsible to clear off such disputes;

9. That th(: sale transaction should be completed by (90) days i.e. from 1g-06- o 2025 to 19-08-2025, l0.Actuallv total extent is Ac.1-31 ountas. Ac.1-31 guntas total extent, Ac.0-09 gu-ntas Encroached by Petrol Pump, Ac.1-22 guntas Ac.0-03 guntas gone for widening of National High Way, Ac.1-19 guntas Ac.0-19 funtas occupied by Chepuri Ramchander Rao (SC), Ac.1-00 guntas land only is there As such the 1't party 1 &2 together are entitled for 0-20 guntas Second party alone is entitled for 0-20 guntas At present Physically available Extent is 1-00 Acre.

11.That there shall be no order as to costs -------- SD'-A.V.S.PRASAD DEPUW REGISTRAR OFFICER //TRUE COPY// \ To,

1. The Principal District Judge at Nalgonda 2. Two CD Copies (Along with a Copy of fiIemorandum of Understanding) Kam/PSL I HIGH COURT DATED il510912 7B I DECREE AS.No.6r73 of 2 11 l sTATE o F :} r*i bt ii:\ lt1t [.r . .,.,i, ,- t f'! r THE MEM PEAL IS ISPOSED OF IN TERMS OF ! ORANDUM OF UNDERSTANDING a , ,N