IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI I.A.No.l OF 2025 In/and CIVIL REVISION PETITION No.5280 OF 2011 Between: 1. The Secretary, Sri Krishna Cooperative House Building Society Limited Rasapuvaipalem, Visakhapatnam District. 2. Sri Krishna Mutually Aided Cooperative House Building Society Limited, No.2442, Visakhapatnam. (Amended as per Order in E.A.No.810/2008 Dt.21.04.2009) ...Petitioner/J.Dr. AND A. Kameswara Rao, S/o. Late Chandrayya, Aged 56 years, Hindu Sanjay Gandhi Colony, Visakhapatnam. Respondent/D.Hr. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased against the order dated 09-08-2011 in EP 109/2003 in ARC 454/89-90 on the file of the Court of the Principal Junior Civil Judge at Visakhapatnam. lA No.1 OF 2025 Petition under order 23 Rule 3 of CPC r/w 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to record the Compromise between the parties and dispose of CRP No.5280 of 2011 in terms of the compromise between the parties in the interest of justice. Petition under Section 115 of C.P.C, Counsel for the Petitioners: SRI. G RAMA GOPAL Counsel for the Respondent: SRI. Dr. MOJJADA RAMAKRISHNA The Court made the following: ORDER : APHC010297162011 [3331] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE TWENTY SECOND DAY OF TWO THOUSAND AND TWENTY FIVE JANUARY PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI I.A.No.1 of 2025 in / and CIVIL REVISION PETITION NO: 5280/2011 Between: 1.THE SECRETARY AND ANOTHER, SRI KRISHNA COOPERATIVE BUILDING SOCIETY LIMITED RASAPUVAIPALEM, VISAKHAPATNAM DISTRICT. 2.SRI KRISHNA MUTALLY AIDED COOPERATIVE HOUSE BUILDING, SOCIETY LIMITED NO. 2442, VISAKHAPATNAM HOUSE ...PETITIONER(S) AND 1.A KAMESWARA RAO, S/o. Late Chandrayya Sanjay Gandhi Colony, Visakhapatnam District. ...RESPONDENT Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased to lA NO: 1 OF 2011fCRPMP 7484 OF 2011 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 stay all further proceedings pursuant to the order dated 09.08.2011 in SRS,J C.R.P.No.5280 of 2011 page 2 of 5 EP.No. 109/2003 in ARC.No.454 of 89-90 on the file of the Principal Junior Civil Judge, Visakhapatnam pending disposal of the CRP lA NO: 1 OF 2012fCRPMP 7441 OF 2012 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 stay all further proceedings pursuant to the order dated 9-8-2011 in EPNo. 109/2003 in ARC No. 454/90 on the file of the Principal Junior Civil Judge, Visakhapatnam, by extending the stay order until further orders pending disposal of the above Revision petition in the interest of Justice and pass lA NO: 1 OF 2025 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 pleased to record the Compromise between the parties and dispose of CRP No.5280 of 2011 in terms of the compromise between the parties in the interest of justice Counsel for the Petitioner(S): 1. GRAMA GOPAL Counsel for the Respondent: I.Dr.MOJJADA RAMAKRISHNA The Court made the following common order: The judgment debtors filed the above civil revision petition aggrieved by the order dated 09.08.2011 in E.P.No.109 of 2003 in ARC 454/89-90 on the file of learned Principal Junior Civil Judge, Visakhapatnam. The respondent/decree holder filed ARC 454/89-90 against the petitioners/judgment debtors on the file of Deputy Registrar of Co-operative Societies, Visakhapatnam, with a prayer to direct the petitioners/judgment debtors to allot a plot in Madhurawada layout. The ARC was decreed on 30.08.1994. Since the decree was not honored, the respondent/decreeholder filed E.P.No.109 of 2003 on the file of learned Principal Junior Civil Judge, 2. SRS,J C.R.P.No.5280 of 2011 Visakhapatnam. The Executing Court, by order dated 09.08.2011 allowed the E.P. granting one month time to the Secretary of petitioner No.2/respondent No.2 Society, to register one plot in the name of the respondent/decree holder as per the directions of the learned Deputy Registrar of Co-operative Societies, Visakhpatnam, in ARC 454/89-90 by receiving the balance sale consideration and development charges of Rs.500/- per square yard from the decree holder, failing which, the Secretary of petitioner No.2 herein/judgment debtor No.2 is liable for arrest and detention in civil prison. Aggrieved by the said order, the above revision is filed. Interim suspension of order dated 09.08.2011 in E.P.No.109 of 2003 in ARC 454/89-90, was granted on 06.03.2012. 3. Pending the revision, petitioners/judgment debtors and the respondent/ decree holder entered into compromise. 4. I.A.No.1 of 2025 is filed under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 to record compromise in terms of memorandum of compromise, entered between the parties and to pass a decree in terms of the compromise. 5. The Secretary of petitioner No.2/judgment debtor No.2-Society appeared personally and the respondent/decree holder appeared through virtual mode. The learned counsels identified the respective parties. 6. This Court enquired the parties regarding the compromise entered between them and the parties submitted that they voluntarily entered into compromise and signed the memorandum of compromise. 7. In view of the compromise entered by the parties and the terms filed along with I.A.No.1 of 2025, I.A.No.1 of 2025 is allowed and compromise is recorded. The decree dated 30.08.1994 passed by the learned Deputy Registrar of Co-operative Societies, Visakhapatnam in ARC 454/89-90 is 8. SRS,J . C.R.P.No.5280 of 2011 modified in terms of memorandum of compromise. The memorandum of compromise, filed along with I.A.No.1 of 2025 is made part of the decree in ARC 454/89-90. 9. Consequentially, this Civil Revision Petition is disposed of in terms of compromise. No order as to costs. The Registry is directed to prepare a decree in terms of compromise. As a sequel, all the pending miscellaneous applications shall stand closed. Sd/-Wl SRINIVAS assistant REGISTRAR //true copy// SECTION OFFICER To, CivilJudge at Visakhapatnam. 1. The PrincipalJunior 2. One CC to Sri. G i 3. One CC to Sri. Dr. Mojjada 4. The Section Officer, V.R Section, Rama Gopal, Advocate [OPUC] Ramakrishna, Advocate [OPUC] High Court of Andhra Pradesh. 5. Three CD Copies vna . Along with joint compromise memo to the addresses HIGH COURT DATED:22/01/2025 ORDER CRP.No.5280 of 2011 * 0 3 MAR 2025 o ^ . Current aecuon • ^ DISPOSING OF THE CIVIL REVISION WITHOUT COSTS PETITION - IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT AMARAVATHI 5280 OF 2011 C.R.P.NO. Between: The Secretary, Sri Krishna Cooperative House Building Society Limited, Rasapuvaipalem, Visakhapatnam. Sri Krishna Mutally Aided Cooperative House Building Society Limited, No.2442, Visakhapatnam (Amended as per Order in EA No.810/2008 Dt. 21.04.2009) 1. ... Petitioner/ J.Dr. And A.Kameswara Rao, S/o.late Chandrayya, Aged 56 years, Hindu, Sanjay Gandhi Colony, Visakhapatnam. ... Respondent/ D.Hr. MEMORANDUM OF COMPROMISE it is submitted that the Respondent filed EP 109/2003 on the file of Principal Junior Civil Judge, Visakhapatnam seeking to execute an Order dated 30.08.1994 in ARC No.454/89-^90 passed under Section 62(4) of A.P. Cooperative Societies Act, 1964 by invoking Section 70-A. that the Hon’ble Principal Junior Civil Judge, Visakhapatnam was pleased to order dated 09.08.2011 in EP No.109 of 2003. The above CRP is 1. It is submitted pass an filed against the order dated 09.08.2011 in EP No.109 of 2003. submitted that during pendency of the CRP at the instance of the well wishers, the parties to the CRP settled their issues amicably and arrived at a compromise and recorded the terms and conditions by way of Memorandum of Compromise, '^nr Sri Krishna Mutually Aided Co-Op House 8uildins| Society Ltd., H8.2442, VBakfioptnam ^etory *' - 2. It is — s / TERMS OF MEMORANDUM OF COMPROMISE IN CRP 5280/201^. Petitioner / J.Dr. Society shall allot a two Bed Room Residential Flat to the respondent / D.Hr. from it’s share of developed area ranging from 850 to 1000 square feet, with two wheeler and car parking area in the new proposed project to be constructed on development basis by the Petitioner / J.Dr. Society in S.No.298/1&2 of Madhurawada. a) The actual and final rate per square feet will be decided by Petitioner / J.Dr. Society at a later date i.e. after getting building plan approvals from the Grater Visakhapatnam Municipal Corporation. For the time being both the parties on discussion arrived at a tentative cost of Rs. 1,250/- (Rupees One Thousand Two Hundred and Fifty Only) per square feet. The Petitioner / J.Dr. Society shall allot two wheeler and car parking area to the respondent / D.Hr. at free of cost. The respondent / D.Hr. shall pay the amounts on time to the notices and demands of the petitioner / J.Dr. Society without fail. b) The amounts paid earlier if any by the Respondent / D.Hr. to the petitioner / J.Dr. Society will be adjusted, in the present flat cost and the balance amount shall be paid by the Respondent / D.Hr. The Respondent / D.Hr. shall pay all the taxes and charges as applicable and laid by State and Central Governments, the registration charges shall be borne by the Respondent / D.Hr. prevailing on the date of registration. c) Respondent / D.Hr. on‘ inspection of site and verification of all the relevant documents etc., agreed that the Petitioner / J.Dr. Society’s proposed Development Project is a Big Project and also a “Gated Community Project” and the Society is expecting the project’s completion within a period of 48 Months from the date of Plan Approval. Tentatively the Building Plan approvals are expected within 6 Months, ■ni '■■;i Mutnaify AiJeit to-dp Sosjs !i. Socinty bF Visckhdpftwm d) <x Lf ^ The Petitioner / J.Dr. Society has No Objection as the respondent D.Hr. intention (in view of his age and health) to transfer his member ship and decree to his grand son i.e. Avuru Pradyosh Durga Nikhil, S/o. Avuru VV S Rama Rao, Aadhar No. 9480 2839 3694 and enabling his grand son to pay the balance sale consideration, all the required taxes, levis, corpus funds and and Petitioner / J.Dr. Society and to get the e) charges to the Government registered sale deed in his favour. Hon’ble Court may be pleased to record the Compromise of CRP No.5280 of 2011 in terms of the Hence, the between the parties and dispose compromise between the parties in the interest of justice 3. For Sri Krishno Mutually Aided Co-op House Bulldma Society ltd., No.2442, VisoMiopfMi Secretary (Sri Krishna Co-operative House Building Society Ltd.) COUNSEL FOR PETITIONER m (A. Kameswara Rao) COUNSEL FOR THE RESPONDENT COUNSEL FOR THE RESPONDENT COUNSEL FOR PETITIONER