IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO APPEAL SUIT No.17 of 2006 Between: 1. Chilukuri Subbalakshmi (Died per LR No.3) 2. Dasara Suryakantam, W/o. Sri Atchutaramayya, Aged about 58 years, R/o. Sai Sadan, Teki Village, Kapileswarapuram Mandal, East Godavari District. ...Appellants/Defendants 3. Chilukuri Veera Venkata Satya Subba Rao, S/o. Late Sri Venkataramayya, Hindu, Aged about 48 years, Occ: Cultivation, R/o. Ravulapadu, Ravulapalem Mandal, Dr. B.R.Ambedkar Konaseema District. ...Petitioner/Appellant/Proposed Appellant No.3 (Appellant No.3 is brought on record as LR of deceased Appellant No.1 vide. Court Order dated 29.07.2024 in I.A.No.3 of 2022 in A.S.No.17 of 2006.) AND Dasara Satyavathi, W/o. Satyanarayana Murthy, Aged about 63 years R/o. Ramachandrapuram, East Godavari District. ...Respondent/Plaintiff Appeal filed under Section 96 of C.P.C, against the decree and Judgment dated 16/09/2005 made in O.S.No.37 of 1999 on the file of the. Court of the Principal District Judge, Rajahmundry, East Godavari District. lA NO: 1 OF 2025 Petition under Order 23 Rule 3 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 record the compromise in the above mentioned terms and pass a decree to that effect in the interest of Justice by allowing the Appeal Suit bearing AS No. 17 of 2006 preferred against the Judgment and Decree made in O.S.No.37 of 1999 on the file of the Court of the Principal District Judge, East Godavari at Rajahmundry, Dated 16-09-2005. The Appeal Suit and I.A.No.1 of 2025 coming this day for order as to settlement in the presence of Sri N Siva Reddy, Advocate for the Appellants and of Sri T V S Prabhakara Rao, Advocate for the Respondents. Appellant and the respondent through respective advocate, having filed I.A.No.1 of 2025 requesting the court to pass decree in terms of Memorandum of Compromise entered into between them and upon perusing the grounds of appeal. Judgment and decree of the Trial Court and the Joint Memorandum of Compromise purporting to have been signed by the parties and their advocates and filed with the said I.A No.1 of 2025 is appearing from the said Memorandum of compromise that the parties herein compromise and settled the matter in terms of compromise filed in I.A.No.1 of 2025. have entered into This Court DOTH RECORD the terms of the said Joint Memorandum of Compromise the original whereof is filed in the record of the said I.A.No.1 of 2025 and a copy whereof is annexed hereto and Doth in terms of the said Memorandum of Compromise, Order and decree as follows 1) That the Appeal suit be and is hereby disposed of by recording the terms of compromise. 2) That the I.A.No.1 of 2025 be and is hereby ordered. 3) That the terms and conditions of the compromise herein are A) That both the appellants as well as the respondents herein, who are the defendants and the plaintiff in the suit have agreed to get the Decree and Judgment made in O.S.No.37 of 1999 on the file of the Court of the Principal District Judge, East Godavari at Rajahmundry, Dated 16-09-2005 modified by allowing the present appeal in terms of the compromise terms referred hereunder. B) That the appellants/Defendants have agreed to partition the suit schedule property into three shares covered by A, B, C & D Schedules (the details of the properties with extents and Survey numbers and names of the villages are clearly mentioned in those schedules, whose copies are enclosed to this Memo of Compromise along with measurement plans) C) That it is agreed by both parties that ‘A-Schedule’ property has to be allotted to Respondent/Plaintiff and the details of the extents, survey numbers and boundaries along with measurement plan is annexed to this memo. D) That it is agreed by both parties that ‘B-Schedule’ property has to be allotted to the 3'^^ Appellant, who is the LR of 1®* Appellant/1 Defendant and the details of the extents, survey numbers and boundaries along with measurement plan is annexed to this memo. E) That it is agreed by both parties that ‘C-Scheduie’ property has to be allotted to the 2"^^ Appellant/2"'^ Defendant and the details of the extents, survey numbers and boundaries along with measurement plan is annexed to this memo. F) That it is agreed by both parties that ‘D-Schedule’ property has to be earmarked for joint pathway and both parties have equal rights to enjoy the said pathway situated in this schedule. St G) That it is agreed by both parties that the Respondent/Plaintiff is entitled to withdraw such suit costs, which were already deposited by the Appellants/Defendants pursuant to the order made in ASMP No.86 of 2006 in AS No.17 of 2006 dated 31-01-2006 of this Hon’ble High Court by filing necessary applications in the trial court. H) That both the parties agree and pray for passing of final decree allotting the properties to all the three sharers in the manner specified herein above. The sharers are entitled to file necessary NJ stamps respectively in proportion to the value of their respective shares in the trial court for engrossing the final decree in the suit in the manner indicated above and upon filing such NJ stamps, the trial court shall engross the final decree in respect of the shares relating to which such NJ stamps are deposited by the parties OR IN THE ALTERNATIVE, the parties are entitled to execute registered partition deed in accordance with the above terms shares by meeting the necessary expenditure in proportion to their shares. All the parties shall took possession of their respective shares fell to them as stated in the terms indicated above. I) That in view of the compromise entered into by both parties in this appeal, the plaintiff/respondent in this appeal Viz., Dasara Satyavathi, in OS No.37 of 1999 agreed to receive a total sum of Rs.4,00,000/- (Rupees Four Lakhs only) towards full and final settlement of the claim of mesne profits granted in I.A.No.1579 of 2006 by the trial court vide its order dated 07-11-2008 from the 3'''^ appellant in this appeal, who is the LR of deceased 1®* appellant/1 Defendant and also agreed to withdraw the application filed for grant of profits for the subsequent period in I.A.No.7 of 2022 in the suit. The said amount of Rs.4,00,000/- is being paid by the respondent by way of a cheque drawn in favour of the plaintiff on IDBI Bank, Ravulapalem Branch, vide Cheque No.024681, Dated 25-11-2024. St J) That both the appellants and the respondent have agreed to receive the compensation amount deposited by the National Highways Authority before the Land Acquisition Officer, Amalapuram for the land acquired in Sy.No.210/4C situated in Lakshmipolavaram Village, H/o.Ravulapadu, Ravulapalem Mandal in the erstwhile East Godavari District in equal shares i.e., each in terms of this compromise decree. K) That it is agreed by 3*^^ appellant in this appeal, who is the LR of deceased 1®* appellant/1®* Defendant to transfer by executing a settlement deed of his land of an extent of Ac.0.45 Cents in Sy.No.242/2, an extent of Ac.0.95 Cents in Sy.No.234/17 and extent of Ac.0.60 Cents in Sy.No.232/1 situated Lakshmipolavaram an in Village Ravulapalem Dr.B.R.A.Konaseema District in favour of the 2^^^ appellant towards the adjustment of shares on account of this compromise. Mandal, L) That the Respondent/Plaintiff and the Appellants/Defendants have agreed for the disposal of this appeal suit in the above mentioned terms of compromise. 4) That there be no order as to costs in this appeal. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// fr ^ ' SECTION OFFICER To 1. The Principal District Judge, Rajahmundry, East Godavari District. 2. Three CD Copies TK sree HIGH COURT DATED:18/02/2025 DECREE AS.No.17of 2006 DISPOSING OF THE APPEAL SUIT WITHOUT COSTS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO APPEAL SUIT No.17 of 2006 Appeal filed under Section 96 of C.P.C, against the decree and Judgment dated 16/09/2005 made in O.S.No.37 of 1999 on the file of the Court of the Principal District Judge, Rajahmundry, East Godavari District. Between: 1. Chilukuri Subbalakshmi (Died per LR No.3) 2. Dasara Suryakantam, W/o. Sri Atchutaramayya, Aged about 58 years, R/o. Sai Sadan, Teki Village, Kapileswarapuram Mandal, East Godavari District. ...Appellants/Defendants 3. Chilukuri Veera Venkata Satya Subba Rao, S/o. Late Sri Venkataramayya, Hindu, Aged about 48 years, Occ; Cultivation, R/o. Ravulapadu, Ravulapalem Mandal, Dr. B.R.Ambedkar Konaseema District. ...Petitioner/Appellant/Proposed Appellant No.3 (Appellant No.3 is brought on record as LR of deceased Appellant No.1 vide, Court Order dated 29.07.2024 in I.A.No.3 of 2022 in A.S.No.17 of 2006.) AND Dasara Satyavathi, W/o. Satyanarayana Murthy, Aged about 63 years, R/o. Ramachandrapuram, East Godavari District. ...Respondent/Plaintiff I.A. NO: 1 OF 2006(ASMP. NO: 86 OF 2006) 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 grant stay of all further proceedings pursuant to the judgment and decree made in OS.No.37 of 1999 on the file of the Court of the PrI. District Judge, East Godavari, Rajahmundry, dated 16/09/05, pending disposal of the present appeal. lA NO: 1 OF 2025 Petition under Order 23 Rule 3 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 record the compromise in the above mentioned terms and pass a decree to that effect in the interest of Justice by allowing the Appeal Suit bearing AS No. 17 of 2006 preferred against the Judgment and Decree made in O.S.No.37 of 1999 on the file of the Court of the Principal District Judge, East Godavari at Rajahmundry, Dated 16-09- 2005. Counsel for the Appellants : Sri N Siva Reddy Counsel for the Respondent : Sri T V S Prabhakara Rao The Court made the following; THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO APPEAL SUIT No.17of 2006 JUDGMENT: Today when the matter is taken up for hearing, the appellant Nos.2 and 3 and the respondent/plaintiff has appeared before this Court physically and they produced the copies of their Aadhar Cards. Sri N. Siva Reddy, learned counsel for the appellants and Sri T.V.S. Prabhakar Rao, learned counsel for the respondent/plaintiff are present and identified their parties. When this Court questioned both the parties about the terms of compromise, they represented that they are agreeing the terms of compromise and the said terms were read over to them. In view of the same, the Appeal Suit is disposed of by recording the terms of compromise. There shall be no order as to costs. Copy of the terms of compromise shall attach to the decree. 2. As a sequel, miscellaneous petitions, if any pending, shall stand closed. Sd/- K TATA RAO DEPUT^EGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal District Judge, Rajahmundry, East Godavari District, (with records If any) 2. One CC to Sri N Siva Reddy, Advocate [OPUC] i' 3. One CC to Sri TVS Prabhakara Rao, Advocate [OPUC] 4. The Section Officer, VR Section, High Court of Andhra Amaravathi. (to dispatch the trial court records) 5. Three CD Copies Pradesh at TK sree *along with the Joint Compromise Memo in I.A.No.l of 2025 in AS No. 17 of 2006 , \ HIGH COURT DATED: 18/02/2025 JUDGMENT + DECREE AS.No.17 of 2006 DISPOSING OF THE APPEAL SUIT WITHOUT COSTS IN THE HIGH COURT OF JUDICATURE :: ANDHRA PRADESH AT AMARAVATHI AS.No. 17 of 2006 Between: 1. Chilukuri Subbalakshmi (Died) Dasara Suryakantam, W/o Late Sri Atchutaramayya, Hindu, Age: 58 Years, Occ: House Wife, R/o Sai Sadan, Teki Village, Kapileswarapuram Mandal, Dr.B.R.Ambedkar Konaseema District 2. 3. Chilukuri Veera Venkata Satya Subba Rao, S/o Late Sri Venkataramayya, Hindu, Age:48 Years, Occ: Cultivation, R/o Ravulapadu,. Ravulapalem Mandal, Dr.B.R.Ambedkar Konaseema District ... Appellants/Defendants And Dasara Satyavathi, W/o Sri Satyanarayana Murthy, R/o Tanuku, West Godavari District. ...Respondent/Plaintiff MEMO OF COMPROMISE FILED UNDER ORDER 23 RULE 1 CPC It is respectfully submitted that the Appellants and Respondent in the present appeal are filing the present petition for recording Compromise in the present Appeal Suit; The brief facts of the case are as follows: The Respondent/Plaintiff herein filed a suit in O.S.No. 37 of 1999 on the file of the Court of the Principal District Judge, Rajahmundry against the 1®‘ and 2"'^ Respondents herein seeking to pass a decree and judgment in her favour for partition of plaint schedule properties into three equal and equitable shares and allot one such share to her, and to render true and 1. 2. D' 2"*^ Appellant Respondent 3'”''Appellant I ■: ;:2:: accounts of income over her share of income derived from the plaint proper schedule properties from 01-04-1993 till the date of plaint and for future profits etc. The said suit was contested by the 1®‘ and 2"*^ Appellants herein and filed their written statement denying the suit claim. The trial court having conducted,full-pledged trial and passed preliminary decree vide its judgment and decree dated 16-09-2005 by holding that the respondent/plaintiff herein is entitled to 1/3*^ share in the plaint schedule properties and to render true and proper account of income to the respondent/plaintiff in respect of her share in the schedule property from 01-04-1993 onwards till the delivery of possession and pay profits to her. Aggrieved by the said judgment and decree, the 1®‘ and 2"*^ Appellants herein filed Appeal Suit in AS No. 17 of 2006 on the file of this Hon’ble Court on 30-12-2005 and also filed an application in ASMP No. 86 of 2006 for granting stay of aH further groceedings pursuant to the impugned judgment and decree dated 16-09-2005, pending disposal of the said appeal bearing AS No. 17 of 2006. This Hon’ble Court by an order dated 31-01-2006, was pleased to grant stay of passing of final decree subject to condition of depositing costs awarded in the suit and further directed that all further proceedings including ascertainment of mean profits can go on. The said condition was complied, with by the Appellants/Defendants. The said appeal i.e., AS No. 17 of 2006 is still pending before this Hon’ble Court. The respondent herein, during the pendency of the appeal before this Hon’ble Court, filed a.petition in l.A.No. 1579 of 2006 in OS No. 37 of 1999 on the file of the Court of the Principal District Judge, Rajahmundry under Order 20 Rule 18 CPC to appoint an Advocate Commissioner to 3. ascertain the profits payable to her and to pass a final decree and for costs D 'S .3' Appellant 4 Appellant Respondent ■' > 3 and other reliefs. The Learned district Judge appointed an Advocate Commissioner for conducting enquiry to ascertain the profits in respect of the respondent/plaintifFs 1/3'^'' share in the plaint schedule property from 01-04-1993 and the said Commissioner completed his work and filed his report. Pursuant to the same, th¥ Learned Principal District Judge, East Godavari, Rajahmundry was pileased to pass a decree on 07-11-2008 in I.A.NO. 1579 of 2006 in OS 4Jo. 37 of 1999 to the effect that the respondent/plaintiff herein is entitied to an amount of Rs. 2,57,819/- with interest @ 9% from the date of decree till realization. However, the said decree contains a clause that the Said order and decree is kept in abeyance and it is to be passed subject to the final outcome of the Appeal in AS No. 17 of 2006 before this Hon’ble Court. By abundant caution, the Appellants/Defendants 1 and 2 herein filed an appeal on 25-02-2009 vide AS No. 93 of 2009 on the file of this Hon’ble Court and the said appeal is pending as on date. When both the rnatters are pending before this Hon’ble Court, the 1®' Appellant herein, who is the 1®‘ Defendant in the suit died on 13-06-2021. During her life time,. |he executed a registered will dated 29- 10-2020 bequething her share of, property covered by the present suit schedule in favour of the 3’^'* Appellarit herein, who is no other than her son. After the death of the 1®‘ Appellant, the 3"^ Appellant came on record as LR of deceased 1®‘Appellant, During the pendency of these Appeals, well wishers and family elders of both sides advised the./Kpjpellants and the Respondent herein to settle the dispute covered by the present Appeals. Consequently, both parties of the appeals have settle^ the dispute in the presence of elders and agreed to get the case compromised. Accordingly, the 4. Respondent 2"'‘ Appellant 3'-Appellant ::4;: Appellants/Defendants have agreed to partition the total 11 items of plaint schedule in OS No. 37 of 1.999 on the file of the Court of the Principal District Judge, Rajahmundry into three shares as A, B, C & D Schedules and they are divided as per the advice of the elders. Respondent/Plaintiffhas agreed to take A-Schedule properties and the 3 ^ herein, who is the LR of the deceased Appellant/1®* Defendant ied to take B-Schedule and the 2"** Appellant/2"‘* Defendant has agreed to take C-Schedule properties. The details of the A,B, C & D Schedule properties along with measurement plans are Annexed to this Memorandum and they are part of this compromise. Now the appeal is to be ispcsed off as per the compromise with the following; iTERWIS: The rd r-. ha A) Both the appellants as well as the respondents herein, who are the defendants and the plaintiff in the suit have agreed ta get the Decree and Judgment made in O.S.No. 37 of 1999 on the file of the Court of the Principal District Judge, East Godavari at Rajahmundry, Dated 16-09-2005 modified by allowing the present appeal [n terms of the compromise terms referred hereunder. _ B) The Appeilants/biefendants have agreed to partition the suit schedule’ property into three shares covered by A, B, C & D Schedules (the details of the properties with extents and Survey numbers and names of the villages are clearly mentioned in those schedules, whose copies are enclosed to this Memo of Compromise albhg with measurement plans). C) It is agreed by both parties that ‘A-Schedule’ property has to be allotted to Respondent/Plaintiff and the details of the,extents, survey numbers and boundaries along with measurement plan is annexed to this merho. cCXa. 2"'* Appellant Respondent .3"* Appellant I V' 'Vi "■ bo;r> 5:: D) It is agreed by both parties that ‘B-Schedule’ property has to be allotted to the Appellant, who is the LR of Appellant/1®* Defendant and the details of the extents, survey numbers and boundaries along with measurement plan is annexed to this memo. E) It is agreed by both parties that 'C-Schedule’ property has to be allotted to the 2"- AppelW/2"'' Defendant and the details of the extents, survey numbefs and boundaries along with measurement plan is annexed to this memo. F) It is agreed by both parties that ‘D-^chedule’ property has to be earmarked for joint pathv,/ay and both parties have equal rights to ■ enjoy the said pathway situated in this schedule. G) It is agreed by both parties that the Respondent/Plaintiff is entitled to withdraw such suit costs, which were already, deposited by the Appeliants/Defendants pursuant to the order, made in ASMP No. 86 of"2b06 in AS No. 17 of 2006 dated 31- 01-2006 of this Hbn'ble High Court by filing necessary applications in the trial cdtift H) Both the parties agree and pray for passing of final decree allotting the propertied tO; all,the three sharers in the manner specified herein above; The sharers are entitled to file necessary NJ stamps respectlydy^in proportion to the value of their respective shares in the tnal court for engrossing the final decree in the suit in the manrier Indicated above and upon filing such NJ stamps, the trial court shall engross the final decree in respect of the shares relating to which such NJ stamps are deposited by the parties OR IN THE ALTERNATIVE, the parties are entitled to execute registered partitiori deed in accordance with the above terms shares by meetihg;ihe;neeessary expenditure in proportion to their shares. All tiierparties shall took possession of their respective shares fell to., thern as stated in the terms indicated above. ^ D-S I Respondent 2"" Appellant ' S'** Appellant :-4 ■- i -V / •1 :;6:: I) In view of the cqmpromise entered into by both parties in this appeal, th^, plaintiff/respondent in this appeal Viz Dasara Satyavathi, in OS No. 37 of 1999 agreed to receive a total sum of Rs. 4,00,000/- (Rupees Four Lakhs only) towards full and final settlement of the claim of mesne profits granted in lA No. 1579 of 2006 by the trial court vide its order dated 07^11-2008 from the 3’’’^ appellant in this appeal, who is the LR of deceased 1®^ appellant/1 Defendant and also agreed to withdraw the application filed for grant of profits'fdr the subsequent period in lA No. 7 of 2022 in the suit. The said amount of Rs. 4,00,000/- is being paid by the re.spdndent by way of a cheque drawn in favour of the plaintiff qn IDBi Bank, Ravulapalem Branch,- vide Cheque No. 024881, bated 25-11-2024. J) Both the appellants and the respondent have agreed to receive the cornpensation amount deposited by the National Highways Authority before the Land Acquisition Officer, Amalapuram for the land acquired in Sy.No. 210/4C situated in Lakshmipolayaram Village, H/o Ravulapadu Ravulapalem Mandal In the erstwhile East Godavari District •» 1 St » A in equal shares i.e., 1/3 each in terms of this compromise decree. ■f D'S 2"*^ Appellant Respondent i ■m /Appellant 1 .1 i ;7:; K) It is agreed by appellant in this appeal, who is the LR of deceased 1 St 9ppellant/1 St Defendant to transfer by executing a settlement deed of his land of an extent of Ac. 0.45 Cents in Sy.No. 242/2, an extent of Ac. 0.95 Cents in Sy.No. 234/17 and an extent of Ac. 0.60 Cents in Sy.No. 232/1 situated in Lakshmipolavaram Village, Ravulapalem Mandal, Dr.B.R.A.Konaseema District in favour of the 2'’'^ appellant towards the adjustment of shares on account of this compromise. L) The Respondent/Rlaintiff and the Appellants/Defendants have agreed for the disposal of this APPEAL SUIT in the above mentioned terms of compromise. It is therefore prayed that this Hon’ble Court may be pleased to record the compromise in the above mentioned terms and 5. pass a decree to that effect in the interest of Justice by allowing the Appeal Suit bearing AS No. 17 of 2G06 preferred against the Judgment and Decree made in O.S.N0. sOf 1999 on the file of the Court of the Principal District Judge, East Godavari at Rajahmundry, Dated and pass such other and further order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the 16-09-2005 case. r-T- <5 Couni ir the Appellants 2" Appellant/2"‘^ Defendant S"" Appellant/LR of 1“ Defendant D> Counsel for the Respondent ,’ Respondent/Plaintiff Amaravathi, - -2024