The High Court · 2025

...Respondents/Plaintiffs lA NO: 1 OF 2024 Petition under Order XXlll Rule 3 of CPC 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 pass appropriate orders in the above appeal ie AS No. 1 121 of 2016 in terms of the memorandum of terms of compromise by setting aside the Judgment and decree passed by the learned V Additional District Judge, Karimnagar dated 19-04-201 6 in OS No. 62 of in the interest of justice. Counsel for the Appellants : Mr. Y. Neelakanta Reddy representing Sri V. Ravi Kiran Rao Counsel for the Respondent : Sri Vikas Joshi The Court made the following: *:,7 / THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO I.A.No.1 OF 2024 IN/AND A,S.No.l12l OF 2016 COMMON. (per Hon'ble Sri Juslice P.Sam Koshy) Heard Mr. Y. Neelakanta Reddy, leamed counsel, representing Mr. V.Ravi Kiran Rao, learned Senior Counsel for the appellants. Perused the record.

2. The present appeal has been filed assailing the judgment and decree dated 19.04.2016 in O.S.No.62 of 2013 passed by the leamed V-Additional District Judge, at Karinagar.

3. Vide the said impugned judgment, the suit for specific performance of agreement of sale dated 09.09.201 I was decreed in favour of the plaintiff'. The present was an appeal frled by the defendant. Pending the appeal betbre this Court, it is seen that the parties have compromised and the matter was sent for tok Adalat convened on 14.12-2024 wherein all the parties entered appearance and the following Met'rtorandum of Settlernent was arrived at between the pafties. Thc '.ernts and cortditions ol the settlement are reproduced hereunder: "(a) The Appellant Nos.2 to 5 herein have agreed to part with 0- 1 I guntas (Nineteen Guntas) of land out of 0-63 guntas i.e. Ac. 1 - 23 guntas in Sy.No.659 situated at Kothirampur, Karimnagar in favour of Respondent in lieu of part sale consideration of Rs.1 ,02,00,000/- (Rupees One Crore two lakhs) paid by the Respondent on various dates to the Appellant No. t herein. (b) The Respondent herein has agreed to take 0-19 guntas (Nineteen Guntas) of land in Sy.No-659 situated at Kothirampur, Karimnagar, in lieu of the part sale consideration of Rs.1,02,00,000/ - (Rupees One crore two lakhs) paid by him to the Appellant No. t herein. (c) The Appellant Nos.2 to 5 herein have agreed to execute a registered sale deed in respect of 0-19 guntas (Nineteen guntas) in Sy. No 659 situated at Kothirampur, Karimnagar in favour of the Respondent or his nominee soon after disposal of the above said appeal in terms, this Memorandum of Compromise Petition filed in the Hon'ble High Court. (d) The Respondent has agreed that he shall bear the Costs towards Registration charges and Stamp duty etc., for obtaining registered sale deed from the Appellant Nos. 2 to 5 in respect of 0-19 guntas (Nineteen guntas) is Sy.No.659 srtuated at Kothrrampur, Karimnagar in favour of Respondent herern (e) The Appellant Nos.2 to 5 herein have also agreed to hand over the possession of 0-19 guntas (Nineteen guntas) of land in Sy.No.659 situated at Kothirampur, Karimnagar after teveting the land by fixing boundary stones. (f) The Respondent herein further agreed that he will not close down the internal road of the subject property. (g) The Appellant Nos. 2 to 5 herein further declare thal Appellant Nos 2 to 5 herein, therr legal heirs and successors will not have )E:p, "J 3 any r(7ht, title and interest rn respect of 0-19 guntas (Nineteen guntas) in Sy.No.659 situated at Kothirampur which is to be transfened by the Appellant Nos. 2 to 5 herein in favour of Respondent by executing a registered sale deed in favour of lhe Respondent herein or his nominee, the details of the schedule property are specifically shown in Page No. 10 of the compromise (annexure). (h) The Appellant Nos.2 to 5 herein further agreed that they would not interfere in the property rights of the Respondent over O-19 guntas (Nineteen guntas) of land in Sy.No 659 situated at Kothirampur, Karimnagar in respect of which the Appellant Nos. 2 to 5 herein agreed to execute a registered sale deed rn favour of the Respondent in anY manner. (i) The Respondent herein has also agreed that he or his succ€ssors, agents etc., would not interfere in the property rights of the Appellant Nos.2 to 5 herein in respect of remaining extent of 0 1'l guntas (Forty-Four guntas) of land in Sy.No 659 situated at Kothirampur, Karimnagar. (j) Both the Appellant Nos.2 to 5 herein and the Respondent have filed this Memorandum of Compromise with their free will and there is no coercion from anybody for filing this petition. (k) Both the parties have physically verified the land and got prepared a sketch map demarcating the property falling to their respective shares along with the description of boundaries, extent and measurements. Further both the partres agreed that the sketch map annexed lo this Memorandum of terms of compromise may be read as part and parcel of this MemoraMum of Terms of Compromise".

4. The leamed counsel for the appellants today enters appearance and submits that since the parties have resolved their dispute by way I I 4 of settlement entered into between them before the Lok Adalat on

14.12.2024, the present appeal my be disposed of in terms of the said settlement-

5. Given the said submission by the leamed counsel for the appellants and also taking into consideration the Award passed by the Lok Adalat dated 14.12.2024, we are of the considered opinion that the present appeal can be disposed of accordingly.

6. I.A.No. I of 2024 and the appeal stands disposed of in rerms ol the Memorandum of Settlement arrived at between the parties belore the Lok Adalat and reproduced hereinabove. I-et the decree be drawn in terrns of the settlement. There shall be lro order as to (-onsequently, rniscellaneous petitions pending, if any, shall stand c losed I I Sd/- K. SRINIVASA RAO JOINT REGISTRAR //TRUE COPY// s ECTION OFFICER // The V Additional District Judge' Karimnagar

1. One CC to Srr V. Ravi Kiran Rao, Advocate IOPUC] Z. One CC to Sri Vikas Joshi, Advocate [OPUCI 3 Two CD CoPies o. I I ,rl. .,. '- . -i.. '_.'- i\ 'c-'l:. ll 1 fiAn ilE !,.. -)I 1 \. HIGH COURT DATED:2110112025 COMMON ORDER l.A. No. I ol 2024 IN/AND AS.No.1121 of 2016 l.A. No. 1 ol 2024 And Appeal are disposed of 1 u\r Ue IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NAMAVARAPU RA'JESHWAR RAO l.A. No. I ot 2021 IN/AND APPEAL SUIT NO: 1121 OF 2016 Between: '1. Meer Amjad Ali, Slo Meer Bahathul Musthafa Ali, aged 59 years, Occ lotel Manair, H.No. 2-8-26, Mukarampura locality, Karimnagar. Died as per LR's 2 to 5.

2. Habeebunnisa W/o. Late Meer Amlad Ali, Mukarampura Locality, Karimnagar. Aadhar No. 399535't 231 56

3. Syeda Ayesha Siddiqua W/o. Manzoor E Elahi,, D/o. Late Meer Amjad Ali, Obq Nil, H.NO. 2€-246, Mukarampura Locality, Karimn4ar. Aadhar l,l,o. 28019270948

4. Mir Behjath Ali S/o. Late Mir Amlad Ali, Occ: Business, H.NO. 24-26 Mukarampura Locality, Karimnagar. Aadhar No. 967366793094

5. Mir Zaid Ali S/o. Late Meer Amjad Ali,Occ: Business, H.NO. 2-8-246 Mukarampura Locality, Karimnagar. Aadhar No. 791217563047 Appellant Nos. 2 to 5 are brouth on record as LRs of deceased Appellant No. 'l as per per C.O. Dl. 27 .12.2023 in tA 3 of 2023 in AS 1121 of 201€,. ...Appellant Nos. 2 to 5 AND Akireddy Yadagiri, S/o Ramulu, aged 43 years, Occ Business, R/o Bommakal village, Karimnagar Mandal Karimnagar District. ...Respondents/Plaintiffs Appeal Under Section 96 of C.P.C. against the Judgment dated 19.04.2016 Passed in OS No.62 of 20'13 on the {ile of the Court of the V Additkrnal f)istrict Judge, Karimnagar l.A. No.01 of 2024 Petition under Order XXlll Rule 3 of CPC R./W Section 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 appel{ants and ffi .: ,:. ' I respondents in the said LA. No the High Court. 1 ol 2024 appeal No. 1121 of 2016 on the file of The appeal and miscellaneous petition coming this day for orders as to settlement in the presence of Mr. Y. Neelakanta Reddy representing . Sri V. Ravi Kiran Rao, Advocate for the appellant and of Sri Vikas Joshi, Advocate for the respondent, Appellant and respondent through their respective Advocates having filed in lA. No. 1 of 2024 requesting the court to pass a decree in terms the memorandum of compromise entered into between them and upon perusing the grounds appeal, iudgment 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 l.A. No. 1 of 2024 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 of 2024 of and a copy whereof is annexed hereto and DOTH in terms of the said memorandum of compromise declare ORDER and DECREE as follow 1- That the LA. No. 1 of 2024 and the appeal be and hereby is disposed of in terms of the Memorandum of Settlement arrived at between the parities before the Lok Adalat

2. That the Appellant Nos.2 to 5 herein have agreed to part with 0- 19 guntas (Nineteen Guntas) of land out of 0-63 guntas i.e. Ac. 1- 23 guntas in Sy.No.659 situated at Kothirampur, Karimnagar in favour of Respondent in lieu of part sale consideration of Rs. 1,02,00,000/- (Rupees One Crore two lakhs) paid by the Respondent on various dates to the Appellant No. t herein. 3. That the Respondent herein has agreed to take 0-19 guntas (Nineteen Guntas) of land in Sy. No.659 situated at Kothirampur, Karimnagar, in lieu of the part sale consideration of Rs. 1,02,00,0001 (Rupees One crore two lakhs) paid by him to the Appellant No. t herein.

4. That the Appellant Nos.2 to 5 herein have agreed to execute a registered sale deed in respect of 0-19 guntas (Nineteen guntas) in Sy. No. 659 situated at Kothirampur, Karimnagar in favour of the Respondent or his nominee soon after disposal of the above said appeal in terms, this Memorandum of Compromise Petition filed in the Hon'ble High Court.

5. That the Respondent has agreed that he shall bear the Costs towards Registration charges and Stamp duty etc., for obtaining registered sale deed from the Appellant Nos. 2 to 5 in respect of 0-19 guntas (Nineteen guntas) is Sy. No.659 situated at Kothirampur, Karimnagar in favour of Respondent herein.

6. That the Appellant Nos. 2 to 5 herein have also agreed to hand over the possession of 0-19 guntas (Nineteen ggntas) of land in Sy.No.659 situated at Kothirampur, Karimnagar after leveling the land by fixing boundary stones. 7. That the Respondent herein further agreed that he will not close down the internal road of the subject property. E. The Appellant Nos. 2 to 5 herein further declare that Appellant Nos. 2 to 5 herein, their legal heirs and successors will not have any right, title and interest in respect of 0-19 guntas (Nineteen guntas) in Sy. No.659 situated at Kothirampur which is to be transferred by the Appellant Nos_ 2 to 5 herein in ,: 1 favour of Respondent by erecuting a registered sale deed in favour of the Respondent herein or his nominee, the details of the schedule property are specificaHy shown in Page No. 10 of the compromise (annexure).

9. That the Appellant Nos. 2 to 5 herein further agreed that they would not interfere in the property rights of the Respondent over 0-19 guntas (Nineteen guntas) of land in Sy.No.659 situated at Kothirampur, Karimnagar in respect of vvhich the Appellant Nos. 2 to 5 herein agreed to execute a registered sale deed in favour of the Respondent in any manner. lo.That the Respondent herein has also agreed that he or his successors, agents etc., would not interfere in the property rights of the Appellant Nos.2 to 5 herein in respect of remaining extent of 0-44 guntas (Fo(y-Four guntas) of land in Sy.No.659 situated at Kothirampur, Karimnagar.

11.That Both the Appellant Nos. 2 to 5 herein and the Respondent have filed this Memorandum of Compromise with their free will and there is no coercion from anybody for filing this petition. l2.That Both the parties have physically verified the land and got prepared a sketch map demarcating the property falling to their respective shares along with the desoiption of boundaries, extent and measurements. Further both the parties agreed that the sketch map annexed to this Memorandum of terms of compromise may be read as part and parcel of this Memorandum of Terms of Compromise".

13.That there shall be no order as to costs in this appeal. //TRUE COPY// Sd/. K. SRINIVASA RAO JOINT REGISTRAR ECTION OFFICER To,

1. The V Additional District Judge, Karimnagar 2. Two CD Copies @i HIGH COURT DATEO:2110112025 OECREE l.A. No. 1 ot 2024 IN/AND AS.No.1 121 of 2016 l.A. No. 1 oI 2O24 IN/AND Appeal are disposed of T oil,f, b.$