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 District. East Godavari ...Appellants/Defendants Subba Rao, S/o. 3. Chilukuri Veera Venkata Satya Venkataramayya, Hindu, Aged about 48 Ravulapadu, Ravulapalem Mandal, Dr. District. Late Sri years, Occ; Cultivation, R/o. B.R.Ambedkar Konaseema ...Petitioner/Appellant/Proposed 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.) (Appellant No.3 AND Murthy, Aged about 63 years f>, Dasara Satyavathi, Wto. Satyanarayana R/0. Ramachandrapuram. East Godavari District. % ...Respondent/Plaintiff V. 1 A NO: 1 QP 2QQ6(ASMP- NO: 86 OF 200^ under Section 151 CPC praying that in the circumstances , the High Court may be Petition stated in the affidavit filed in support of the petition proceedings pursuant to the judgment and of the Court of the Prl. District pleased to grant stay of all further decree made in OS.No.37 of 1999 on the file Godavari, Rajahmundry, dated 16/09/05, pending disposal of Judge, East the present appeal. lA NO: 1 OF 2025 Petition under Order 23 Rule 3 R/w Section 151 CPC praying that in the affidavit filed in support of the petition, the in the above the circumstances stated in pleased to record the compromise decree to that effect in the interest of Justice by of 2006 preferred against the High Court may be mentioned terms and pass a the Appeal Suit bearing AS No. 17 O.S.No.37 of 1999 on the file of the Court of i at Rajahmundry, Dated 16-09- allowing Judgment and Decree made in the Principal District Judge, East Godavari 2005. ; Sri N Siva Reddy ; Sri TVS Prabhakara Rao Counsel for the Appellants Counsel tor the Respondent The Court made the following: JUSTICE V.GOPALA KRISHNA RAO APPEAL SUIT Nr).17 of 2006 the HON’BLE SRI ■lUDGMENT: Today when the matter is taken up respondent/plaintiff has appeared before this ies of their Aadhar for hearing, the appellant Nos.2 and 3 and the Court physically and they produced the copies Cards. Sri N. Siva Reddy, learned counsel for the appellants and the counsel for learned Prabhakar Rao, T.V.S. Sri and identified their parties. When about the terms of respondent/plaintiff are present questioned both the parties this Court compromise, they represented that they are agreeing the terms of compromise and the said terms were read over to them. the Appeal Suit is disposed of by ise. There shall be no order as to In view of the same recording the terms of compromise costs. Copy of the terms of compromise 2. ise shall attach to the decree. if any pending, shall sequel, miscellaneous petitions As a stand closed. Sd/- K TATA RAO deputy^ registrar C^fe^OFFlCER East Godavari District, (with //true copy// SE To principal District Judge, Rajahmundry Reddy, Advocate [OPUC] 1. The records if any) 2. One CC to Sri N Siva 3. One CC to Sri T V S Prabhakara Rao, Advocate [OPUC] 4. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi. (to dispatch the trial court records) 5. Three CD Copies I TK sree *along with the Joint Compromise Memo in I.A.No.1 of 2025 in AS No.17 of 2006 (X) The schedule of the properties and plans are enclosed to the Judgment dated 18.02.2025 as per Court Order dated 22.04.2025 made in I.A.No.2 of 2025in A.S.No.17of2006 Sd/- V DIWAKAR DEPUTY REGISTRAR HIGH COURT DATED:18/02/2025 22/04/2025 AMENDED JUDGMENT + DECREE AS.No.17 of 2006 * 2 ^ APR 2025 Current Secwon ^ a DISPOSING OF THE APPEAL SUIT WITHOUT COSTS !N THE HIGH COURT OF JUDICATURE :: ANDHRA PRADESH AT AMARAVATHI A.S.NO. 17 of 2006 Between; 1. Chilukuri Subbalakshmi (Died) 2. 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 3. Chilukuri Veera Venkata Satya Subba Rao, S/o Late Sri Venkataramayya, Hindu, Age;48 Years, Occ: Cultivation, R/o Ravulapadd,. Ravulapalem Mandal, Dr.B.R.Ambedkar Konaseema District f ... Appellants/Oefendants 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 1. 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 2. <£» D'S 2"^ Appellant Respondent i. Appellant % \ ::2:: proper accounts of income over her share of income derived from the plaint 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 Tull-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 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 all furtiier proceedings 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 I.A.No. 1579 of 2006 in OS No. 37 of of the Principal District Judge, Rajahmundry under Order 20 Rule 10 CPC to appoint an Advocate Commissioner to 3. 1399 on the file of the ^ V-'UUJ ascertain the profits payable .to her and to pass a final deejee^and for costs Tr„r.. x'.M 2^'oTTpf . D' SX'A RespOi iiJent/ 2"^ Appellant 3 Appellant :;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, the Learned Principal District Judge, East Godavari, Rajahmundry was pleased to pass a decree on 07-11-2008 in l.A.No. 1579 of 2006 in OS No. 37 of 1999 to the effect that the respondent/plaintiff herein is entitled 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 matters are pending before this Hon’ble Court, the Appellant herein, who is the 1^’ Defendant in the suit died on 13-06-2021. During her life time, she executed a registered will dated 29- 10-2020 bequething her share of property covered by the present suit schedule in favour of the 3'^* Appellant 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. Appellants and the Respondent herein to settle the dispute covered by the present Appeals. Consequently, both parties of the appeals have settled the dispute in the presence of eiders and agreed to get the case compromised. Accordingly, the 4. 2''^ Appellant Respondent 3“* Appellant ^vv.5 \ f \ \"v ::4:: Appellants/Defendants have agreed to partition the total 11 items of plaint schedule in OS No. 37 of. 1,9S9 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. The Respondent/Plaintiff has agreed to take A-Schedule properties and the 3 herein, who is the LR of the deceased 1®‘ Appellant/1®‘ Defendant d 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 'spr -ad off as per the compromise with the following; iTERMS: rd hJC. A) Both the appellanfs.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 in terms of the compromise terms referred hereunder. B) 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,' w.bose copies are enclosed to this Memo, of Compromise along with measurement plans). C) It is agreed by both parties that ‘A-Schedule’ property has to be allotted to Re-spondent/Plaintiff and the details of the extents, survey numbers and boundaries along with measurement plan is annexed to this memo. s'tO' ■j < Respondent 2"'^ Appellant 3''^ Appellant •-1: ;;5:; D) It is agreed by both parties that 'B-Schedule' property has to be allotted to the S’'', Appellant Defendant and the details of the extents, survey numbers and boundaries along with rneasurement plan is annexed to this memo. < St L(^ Si is the D <_i \ of 1 Appsllsn vv I U E) It is agreed by both parties that 'C-Schedule' property has to be Defendant and the details of allotted to the 2"'^ Appejiant/2 the extents, survey numbers and boundaries along with measurement plan is annexed to this memo. F) It is agreed by both pattie.s .that ‘D-Scheduie’ property has to be earmarked for joint pathway and both parties have equal rights to • enjoy the said pathway situated in this schedule. G) It is agreed by both parties that the Respcndent/Plaintiff is entitled to withdravy, 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 Sl ot-2006 of this Hon'ble High Court by filing applications in the trial court: nd necessary H) 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: Tiie 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. Ail the parties shall took possession of their respective shares fell to them as stated in the terms indicated above. O'2. Respondent 2™^ Appellant 3 Appellant •> ::6;: I) 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 lA No. 1579 of 2006 by the trial court vide its order dated 07-11-2008 from the appellant in this appeal, who is the LR of deceased 1 St St appellant/1 Defendant and also agreed to withdraw the application filed for grant of profits for 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 respondent by way of a cheque drawn in favour of the plaintiff on IDBt Bank, Ravulapalem Branch,, vide Cheque No. 024B81, Dated 25-11-2024. J) 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 Lakshmipoiavaram Village, H/o Ravulapadu, Ravulapalem Mandal in the erstwhile East Godavari District rd in equal shares i.e., 1/3 decree. each in terms of this compromise •A* Q 1 • Respondent 2 Appellant LIA./ V 3''’ Appellant K) It is agreed by 3"- appellant in this appeal, who is the LR of deceased 1^' ap’pejiant/l Defendant to transfer by executing a settlefttent deed of his land of an extent of Ac. 0.45 Cents m S^,Np.: .242/2, an extent of Ac. 0.95 Cents in Sy.No. 234/t7 arid ah 'ex^^ of Ac. 0.60 Cents in Sy.No. 232/1 situated in:,!^akshmipoiavaram Village, Ravulapalem Mandal, Dr.B.R.A.Konaseema District in favour of the 2 nd appellant towards the adjustment of shares on account this compromise.;, L) The Resporident/Pla of intiff and the Appellants/Defendants have agreed for the disposal of this APPEAL SUIT in the above mentioned terms of compromise. 5. It is therefore prayed that this Hon’ble Court may be pleased to record the compromise in the above mentioned terms and decree to that effect- pass a of Justice by allowing the Appeal Suit bearing AS No. 17 dT21M6 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 and pass such other and further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. 2"'^ Appeilant/2"'^ Defendant 3^*^ Appellant/LR of 1 Defendant Coun^ r the Appellants 0' Counsel for the Respondent Amaravathi, - -2024 Respondent/Plaintiff 3 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT AMARAVATHI A.S.No. /202 Between: Chilukuri SUbbalakshmi & Another .. Appellants ' And Dasara Satyavathi .. Respondent DASARA SATYAVATHI'S SHARE T A-SCeHDULE') Dr.B.R.Ambedkar Konaseema (Previously East Godavari ) District, Ravulapalem Mandal, Ravulapadu Pancbayat, Lakshmi Polavaram Village SI. SURVEY EXTENT Ac.Cts. BOUNDARIES No. No. East : Common Way West : Land of Chilukuri Veera Venkata Satya Subbarao 1 231/2 0-80 South ; B-Si'chedgle North : Road : Chilukuri Pranavatrej & Harshadeep South ; B-Schedule West : NH - 16 North : Chilukuri Pranaveth & Harshadeep East 2 210/4C 0-30 East : Church &iC.C. Road South ; Nekionti Krishna Rao West : B-Schedule. North : Koppisetti Srinivas 3. 173/1 0-069 East : C-Schedule South: B-Schedule West : Co.mmon Way North : C-Schedule 4 226/2 0-05 HO tip ^ o ^ 'N IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT AMARAVATHI A.S.No. /202 Between: Chilukuri Subbalakshmi & Another .. Appellants - And Dasara Satyavathi .. Respondent CHILUKURI SUBBALAKSHMI’S SHARE ( B-SCeHDULE d Dr.B.R.Ambedkar Konaseema (Previously East Godavari )'District, Ravulapalem Mandal, Ravulapadu Panchayat, Lakshml Polavaram Village SI. SURVEY EXTENT Ac.Cts. BOUNDARIES No. No. East : Nekkanti Prabhakara Rao & Meka Padinavathi West ; Meka Padmavathi 1 231/2 2-72 South : Irrigation Bode North : Chilukuri V.V.S.Subbarao, A-Scheduie, C-Schedule & Common Way East : Chilukun Pranavatej & Harshadeep South : C-Schedule West : NH - 16 North : A-Schedule 2 210/4C 0-30 East : A-Schedule South : Bollampalli Satyanarayana West : C.C.Road North : Chiluuri Ramalakshmi t 3. 173/1 0-14 East : BaiuSu Mangadevi South : Nekkanti Narayanarpp]g West : C.hilukuri Subbalakshmi Uorth ; C-Schedule 4 231/3 0-40 .J e> 2^ -'N. IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT AMARAVATHI A.S.No. /202 Between: Chilukuri SUbbalakshmi & Another^ .. Appellants - And Dasara Satyavathi .. Respondent DASARA SURYAKANTHAM’S SHARE ( C - SCeHDULE ^ Dr.B.R.Ambedkar Konaseema (Previously tast Godavari ) District, Ravulapalem Mandal, Ravulapadu Panchayat. Lakshmi Polavaram Village SI. SURVEY EXTENT Ac.Cts. BOUNDARIES No. No. East : Irrigation Bode West : Nekkanti Prabhakara Rao & B-Schedule South : Common Way North : Balusu Mangadevi 1 226/2 226/3 0-55 East : Chilukuri Pranavatrej & Harshadeep South ; Maliipudi Paparao West : NH - 16 2 -210/4C 0-30 North : 3 - Schedule East : irrigation Bode South : Nekkanti Satyanarayana West : Puntha North : Sasara Suryakantham 3. 237/15 0-18 East : Irrigation Punta South : Dasara Satyanarayana West : Puntha North ; Goluguri Ramareddy 4 0-38 rT'vVv F D' SI. SURVEY EXTENT Ac.Cts. BOUNDARIES No. No. East South ; Dasara Suryakantham West Puntha North : Bollampalli Achyutharamayya 5 237/14 0-12 : Dasara SuTyakantham East : Padalada Adilakshmi 6 ■ 241/3 0-60 South : Chekuri Annapurna .West : Canal Bund North : Nekkanti Satyanarayana D'S f C4r\ V V C ) liM THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT AMARAVATHI A.S.No ; /20 Between : Chilukuri Subbalakshmi & Another -- Appeallants And Oasara Satyavathi .--Respondent JOINT SHARE ID- SCHEDULE) Dr. B.R.Arnbedkar Konaseema (Previously East Godavari) District, Ravulipalem Mandai, Ravulapadu Panchayat, Lakshmi Polavaram Village SI. No. SURVEY No. EXTENT Ac.-Cts. BOUNDARIES 1. 231/2 0-15 : Balusu Mangadevi & C-Schedule West : A “Schedule South :B-Schedule North : Road East J T? O t : SOUTH HOUSE SITE KOPPISETTI SRINIVAS 77'-00" CHILUKURI RAMALAKSHMI I 50'-00" 27'-0'0' •! I 102'-00' ®A 3: H- y o o o (/) b < (N 3 \o LU X 336.00 Sq.yards (6.94 cents) O 174.00 Sq.yards (3.60 cents) 0,4 0 499.Q0::Sq.yards '( 10^3-cents) Q < Cl CC' I-, >-1-5)' Ti/l tn o to >50 ■2)>B H 5 V P.S A10 ),7 3// UJ s UJ u 50'-00’ 24'-00' lOl’-OO’ 3 74'-00" N6KKANTI KRISHNA RAO .■rf'. fs BOLUMPALLI SATYANAfesiANA NORTH / = 10.5 cents = 10.3-cents TOTAL = 20.80 cents NOTE : ALL MEASUREMENTS ARE IN..LlNj^ EAST CH. PRANAVTEJ AND HARSHADEEP 104 333 110 119 \ 0 R.S.No:210/ 4C R.S.No:210/ 4C O- R.S.No:210/ 4C UJ OJ O Q < no X > < W) C a. B Cl^ A S H i ^ 43 ^ I T o i rvJ KD cn ro E- 00 ro IN IJD, 30.00 cents O-J .... -. 30100 cents . r-J 30.00 cents IN V 2: \ O- _J UJ < < 2: 0- X u 119 ■■ 110 104 333 CO N H -16 WEST 13^. NOTE : ALL DIMENSIONS ARE IN LINKS NORTH R & B ROAD ■> TO NH 5 TO L.POLAVARAM 30.5 120 >< 5 66.736 cents CH.V.V. S. SUBBARAO BALUSU MANGADEVI RS No:231/2 U © o o o CO CO CO 575 ro VD RS No:226/ 2, 226/ 3 (£) cn 60.242 cents r, (-)5.00 cents cn S 0.05 c&s S 55.242 cents h- 158.5 585 30j 100 CO CO 154 LU < in 13.234 cents 158.5 LU |oo L R.S.No: 231/2 R.S.No: 231/2 NEKKANTI PRABHAKARA RAO 72.364 cents (M 103.763 cents fO CO (Nl fO X lO Q 214 O C 60 I 210 ca lO R.S.No: 231/2 MEKA PADMAVATHI ro fO m 95.2Z6 cents 231 MEKA PADMAVATHI SOUTH 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. Venkataramayya, Hindu, Aged about 48 years, Occ: Cultivation, R/o. Ravulapadu, Ravulapalem Mandal, Dr. B.R.Ambedkar Konaseema District. Late Sri ...Petitioner/Appellant/Proposed Appellant No.3 (Appellant No.3 is brought on record as LR of deceased Appellant No.l 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. OF 2025 P'\ \ ■.^' •% 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 have entered into compromise and settled the matter in terms of compromise filed in I.A.No.1 of 2025. 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®‘ Appeliant/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-Schedule’ 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. G) That it is agreed by both parties that the Respondent/Plainti ff is entitled to withdraw such suit costs, which were already deposited by the Appellants/Defendants pursuant to the order made in ASMP St 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 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. 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 Dasara 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 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 an extent of Ac.0.60 Cents in Sy.No.232/1 situated in Lakshmipolavaram Village, Dr.B.R.A.Konaseema District in favour of the 2""* appellant towards Ravulapalem Mandal, the adjustment of shares on account of this compromise. 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. L) Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SE OFFICER To 1. The Principal District Judge, Rajahmundry, East Godavari District. 2. Three CD Copies TK sree (X) The schedule of the properties and plans are enclosed to the Judgment dated 18.02.2025 as per Court Order dated 22.04.2025 made in I.A.No.2 of 2025 in A.S.No.17of2006 Sd/- V DIWAKAR DEPUTY REGISTRAR HIGH COURT DATED:18/02/2025 22/04/2025 AMENDED DECREE AS.No.17 of 2006 5 2 S APR 2025 % ^ . Current Section a DISPOSING OF THE APPEAL SUIT WITHOUT COSTS 1*^ \ IN THE HIGH COURT OF JUDICATURE :: ANDHRA PRADESH AT AMARAVATHI A.S.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 1 ... Appellants/Defendants And Dasara Satyavathi, W/o Sri Satyanarayana Murthy R/o Tanuku, West Godavari District. ■I ... Respondent/Plaintiff MEMO OF COMPROMISE FILED UNDER ORDER 23 RULE 1 CPC 1. 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 briof 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 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 2. 6^ e/ D' Respondent 2 Appellant ' 3^'’ Appellant ::2:: proper accounts of income over her share of income derived from the plaint 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 16-09-2005 by holding that the judgment and decree dated 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 all furtl-'or proceedings 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 petition in I.A.No. 1579 of 2006 in OS No. 37 of 3. this Hon’ble Court, filed a 1999 on the file of the Court of the Principal District Judge, Rajahm.undry under Order 20 Rule 18 CPC to appoint an Advocate Commissioner to ascertain the profits payable to her and to pass a final decree and for costs V D O r- 2’’'^ .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, the Learned Principal District Judge, East Godavari, Rajahmundry was pleased to pass a decree on 07-11-2008 in I.A.NO. 1579 of 2006 in OS No. 37 of 1999 to the effect that the respondent/plaintiff herein is entitled 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 matters 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, she executed a registered will dated 29- 10-2020 bequething her share of property covered by the present suit schedule in favour of the 3'''‘ Appellant 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. Appellants and the Respondent herein to settle the dispute covered by the present Appeals. Consequently, both parties of the appeals have settled the dispute in the presence of eiders and agreed to get the case compromised. Accordingly, the 4. 2'^'^ Appellant Respondent 3"* Appellant vv.,s .ijJiiaxW) \ .'V ::4:: Appellants/Defendants have agreed to partition the total 11 items of plaint schedule in OS No. 37 of. 1999 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. The Respondent/Plaintiff has agreed to take A-Schedule properties and the 3 ‘ herein, who is the LR of the deceased Appellant/1 Defendant d 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 ispr '9d off as per the compromise with the following: :TERMS: rd f, c, A) Both the appellanfs.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) The Appellants/DMeridants 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) 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. 2"'^ Appellant Respondent Appellant 5 D) It is agreed by both parties that ‘B-Schedule’ property has to be allotted to the 3^^Appellant, who is the LR of 1"^ Appella Defendant and the details of the extents, survey numbers and boundaries along with nHeasurement plan is annexed to this memo. ’ E) It is agreed by both parties that ’C-Schedule’ property has to be allotted to the 2"'^ Ap^eilant/2"'‘ Defendant and the details of the extents, survey numbers and boundaries along with measurement plan is annexed to this memo. F) It is agreed by both partie,?,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. G) It is agreed by both parties that the Respondent/Plaintiff is entitled to withdravy. 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 applications in the trial court: + /-1 St 111/ necessary H) 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 mannef 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 ALtERNATlVE, 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 ot them as stated in the terms indicated above. D-S Respondent 2"'^ Appellant 3^^ Appellant ::6:; I) 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 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 for 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 respondent by way of a cheque drawn in favour of the plaintiff oii IDBl Bank, Ravulapalem Branch,, vide Cheque No. 02468T Dated 25-11-2024. J) Both the appellants and the respondent have agreed to receive the compensation amount deposited by the National Highways Authority before the Land Acquisition Officer, St Amalapuram for the land acquired in Sy.No. 210/4C situated Village, Lakshmipolavaram H/o Ravulapadu, Ravulapalem Mandal in the erstwhile East Godavari District in rd in equal shares i.e., 1/3 decree. each in terms of this compromise D-S i 1 Respondent 2™ Appellant 3''^ Appellant u i, f ■Vs ::7:: K) It is agreed by 3'^'^ appellant in this appeal, who is the LR of deceased a^^el|ani/1 St Defendant to transfer by executing a settfertjent deed of his land of an extent of Ac. 0.45 Cents in 242/2, an extent of Ac. 0.95 Cents in Sy.No. 234/t7 arid 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/Piaintiff 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 ifiterest of Justice by allowing the Appeal Suit bearing AS No. 17 of 2n06 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 and pass such other and further order or orders as this Hon'ble Court may deem fit and proper in ti circumstances of the case. <rO TO 2"'^ Appellant/2"^ Defendant 3"'^ Appellant/LR of Defendant Coun r the Appellants D- Counsel for the Respondent Respondent/Plaintiff Amaravathi, - -2024 3 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT AMARAVATHi /202 A.S.No. Between: Chilukuri SUbbalakshmi & Another .. Appellants ' And .. Respondent Dasara Satyavathi DASARA SATYAVATHI’S SHARE ( A-SCeHDULE) Dr.B.R.Ambedkar Konaseema (Previously East Godavari ) District. Ravulapalem Mandal, Ravulapadu Panchayat, Lakshmi Polavaram Village BOUNDARIES EXTENT Ac.Cts. SURVEY SI. No. No. Common Way , Land of Chilukuri Veera Venkata Satya Subbarao East West South : B-Schedule 0-80 231/2 1 North : Road : Chilukuri Pranavatrej & Harshadeep South : B-Schedule West : NH - 16 North : ChilUkuri Pranaveth & Harshadeep East 210/4C 0-30 2 : Church & C.C. Road East South ; Nekkanti Krishna Rao 173/1 0-069 3. West : B-Schedule North : Koppisetti Srinivas East ; C-Schedule South: B-Schedule West : Common Way North : C-Schedule 0-05 226/2 4 OJ) o i; IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT AMARAVATHI A.S.No. 1202 Between: Chilukuri Subbalakshmi & Another .. Appellants • And Dasara Satyavathi .. Respondent CHILUKURI SUBBALAKSHMI-S SHARE ( B-SCeHDULE J Dr.B.R.Ambedkar Konaseema (Previously East Godavari )'District, Ravulapalem Mandal, Ravulapadu Panchsyat, Lakshmi Polavaram Village SI. SURVEY EXTENT Ac.Cts. BOUNDARIES No. No. East : Nekkanti Prabhakara Rao & Meka Padmavathi : Meka Padmavathi South : Irrigation Bode North : Chilukuri V.V.S.Subbarao. A-Schedule, 1 231/2 2-72 West C-Schedule & Common Way East : Chilukuri Pranavatej & Harshadeep South : C-Schedule 2 210/4C 0-30 West : NH - 16 North : A-Schedule East : A-Schedule South : Boliampalli Satyanarayana West : C.C.Road North : dhiluuri Ramalakshmi P 3- 173/1 0-14 East : Baiusu Mangadevi South : Nekkanti NarayanarpjT]^ West : Chilukuri Subbalakshmi iSlorth : C-Schedule 4 231/3 0-40 (0'S” p J P © 2.^ IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT AMARAVATHI A.S.No. /202 Between: Chilukuri SUbbaiakshmi & Another .. Appellants And Dasara Satyavathi .. Respondent DASARA SURYAKANTHAM’S SHARE ( C - SCeHDULE ) k Dr.B.R.Ambedkar Konaseema (Previously East Godavari ) District, Ravulapalem Mandal, Ravulapadu Panchayat, Lakshmi Polavaram Village SI. SURVEY EXTENT Ac.Cts. BOUNDARIES No. No. East ; Irrigation Bode West : Nekkanti Prabhakara Rao & B-Schedule South : Common Way North : Balusu Mangadevi 1 226/2 226/3 0-55 East Chilukuri Pranavatrej & Harshadeep South : Mallipudi Paparao West : NH - 16 North t B-Schedule 2 210/4C 0-30 East -Irrigation Bode J^lekkanti Satyanarayana 3. 237/15 0-18 South West 'TFPuntha North : Sasara Suryakantham : Irrigation Punta South : Dasara Satyanarayana West : Puntha East 4 237/12 0-38 North : Gotuguri Ramareddy <5 (g) D’ / - a s/. SURVEY EXTENT~~Ti Ac.Cts. boundaries No. No. j East South ; West North 5 Bollampall,- Achyutharamayya ssara Suryakantham Puntha Dasara 237/14 0-12 Suryakantham I— West East 6 241/3 0-60 Annapurna Sana! Bund i North Nekkanti ff^arayana D'S ^ ^ ^ V \/ c IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT AMARAVATHl /20 A.S.No : Between : Chilukuri Subbalakshmi & Another -- Appeallants s And &m Dasara Satyavathi , -- Respondent i JOINT SHARE ( D - SCHEDULEl Dr. B.R.Ambedkar Konaseema (Previously East Godavari) District, i Ravglj^palem Mandal, Ravulapadu Panchayac, Lakshmi Polavaram Village (=5 r- i '-.i SI. No. SURVEY No.. EXTENT Ac.-Cts. BOUNDARIES 1 1. 231/2 0-15 : Baiusu Mangadevi & C - Schedule West : A-Schedule South : B-Schedule North : Road ■ East 3 .. i ti 7^ c f . # SOUTH HOUSE SITE KOPP15E1T1 SRINIVAS 77'-00 CHILUKURI RAMAIAKSHHI 50'-00" 27'-00" l 102'-00' ©A I o U o o in o < rM 3 VO vO VO UJ 3- 336.00 Sq.yards (6.94 cents) U 174.00 Sq.yards (3.60 cents) Cl 499.00 Sq.yard.s ( 10.3 cents) < O I- VO rr ui I (II .T)0 I- f 'J' 't g. S Alo 111 UJ U 50'-00' 24'-00'' lOl'-OO' 74'-00" NEKKANTI KRISHNA RAO C0I.L.AMRALL1 SATYANARAYANA NORTH / = 10.5 cents @ = 10.3-cents '^7'6 Sm(^4Vo TOTAL =-- 20.80 cents / (( mfasurfments are in links NOTE : ALL EAST pranaxtfej and harshadeep CH 104 333 110 119 0 \ Y) R.S.No;210/ 4C R.S.No:210/ 4C O- R.S.No;210/ 4C LU Q LU Q > < < I c < fE a. cn B aL OJ A CL' LD ID ^ $ a. a o 5 CT» CO ro fNl 30.00 cents O VO 30.00 cents Q r-J 01 ■T 3 30.00 cents (N Q. □ < <Z a. I U 119 110 104 333 N H -16 WEST .T' f II IT L 'i- ■ -3^ mMFNSIOW^^ are in links. NOTE : ALL north ■> TO NH 5 R & B ROAD TO L.POLAVARAM 120 >-< 5 BALUSU MANGADEVI 66.786 cents CH. V.V. S. SUBBA RAO l-z RS No:231/ 2 O o q g © 00 00 575 ro 60.242 cents (-)S.OO cencs 55.242 cents RS NO-.226/ 2, 226/3—TC vD I fO S o.os ceRb S 1- to 585 < 158.5 100 H so.: 154 HI if) HI in 13.234 cents 158.5 \00 CO R.S.No; 231/2 72.364 cents NEKKANTI PRABHAKARA RAO R.S.No; 231/2 103.763 cents CO CM ro r? CO CM ro i r - 4 o CO 214 c o 60 210 CD MEKA PADMAVATHI R.S.No: 231/2 ■; ro fO ^ 95.226 cents SI 1 231 MEKA PADMAVATHI SOUTH