APHC010377122024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS SECOND APPEAL NO: 12/2024 Between: 1. KILARAPU JAGADEESWARA RAO, S/O.SRI KRISHNA RAO AGED ABOUT 59 YEARS. FLAT NO.G-5,1ST FLOOR, SAI BALAJI APARTMENTS, ASHOK NAGAR, ELURU, WEST GODAVARI DISTRICT. ...APPELLANT AND 1. KATURI GANGADHAR, S/O ANJANEYULU, AGED ABOUT 56 YEARS. BUSINESS, WESTERN STREET, ELURU, WEST GODAVARI DISTRICT. 2. KILARAPU DURGAMMA, (DIED) (R1)2. 3. THE OFFICIAL RECEIVER, WEST GODAVARI DISTRICT, ELURU. (R3) 4. KILARAPU VIJAYA BHASKARA RAO, (DIED) (R4) . 5. KILARAPU RANGANAYAKAMMA, W/O LATE VIJAYA BHASKARA RAO, AGED 74 YEARS, R/O DR.SATYANARAYANA STREET, NARASIMHARAOPETA ELURU-6, WEST GODAVARI DISTRICT. (R5) 6. KILARAPU VENKATA RAMA PRASAD, S/O LATE VIJAYA BHASKAR RAO, AGED 56 YEARS, R/O DR.SATYANARAYANA STREET, NARASIMHARAOPETA, 2 HCGR,J C.M.S.A.No12 of 2024 ELURU-6, WEST GODAVARI DISTRICT. 7. KATURI DURGA MALLESWARI, W/O GANGADHAR, AGED 52 YEARS, R/O PALATHUMU CENTRE, NEAR ANJANEYA SWAMY TEMPLE, WESTERN STREET, ELURU-1, WEST GODAVARI DISTRICT. (R7) ...RESPONDENT(S): appellants beg to present this Memorandum of Second Appeal to the extent aggrieved against the Judgment and Decree Dated 09.01.2024 in A.S No. 122 of 2018 on the file of the Court of the I Additional District Judge, Eluru, West Godavari District in confirming the Judgment and Decree Dated 08.08.2018 in I.P. No. 43 of 2012 on the file of the Court of the Addl. Senior Civil Judge, Eluru, West Godavari District, IA NO: 1 OF 2024 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 may be pleased to condone the delay of 120 days in filing the above CMSA filed against the AS 122 of 2018 dated 09-01-2024 on the file of 1st Addl District Judge Eluru and to pass such IA NO: 2 OF 2024 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 may be Pleased stay all further proceedings in Creditor I.P.No.43 of 2012 on the file of the AddI Senior Civil Judge's Court, Eluru in consequent to dismissal of A.S.No.122 of 2018 vide separate judgment dated 09.01.2024 on the file of 1st AddI District Judge's Court, Eluru, West Godavari during the pendency of second appeal and pass such IA 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 may be pleased to permit the Petitioner to enter into Compromise and settle the dispute with the 3 HCGR,J C.M.S.A.No12 of 2024 Respondent No. 1 as because the Petitioner received the consideration in terms of cash, and pas IA NO: 2 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, with respondent NO.land to pass a decree in terms of the settlement against the Judgment and Decree dated 09.01.2024 in A.S. No. 122 of 2018 on the file of the I Additional District Judge, Eluru, West Godavari District in confirming the Judgment and Decree dated 08.08.2018 in I.P. No. 43 of 2012 on the file of the Additional Senior Civil Judge, Eluru, West Godavari, and to pass Counsel for the Appellant: 1. MULLA SOHAIL SHAREEF Counsel for the Respondent(S): 1. G SAMBA MURTHY 4 HCGR,J C.M.S.A.No12 of 2024 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN I.A.Nos.1 and 2 of 2025 IN\AND CIVIL MISCELLANEOUS SECOND APPEAL NO: 12/2024 The Court made the following Judgment: The 1st respondent-Creditor filed Creditor I.P.No.43 of 2012, for adjudication of 1st respondent therein late K.Durgamma, as insolvent and also for setting aside registered sale deed, dated 02.06.2012, executed by the 1st respondent therein in favour of 2nd respondent with respect to schedule-B property. Pending the same, as the 1st respondent therein died, her husband came to be impleaded as the 4th respondent vide orders dated 21.07.2017 in I.A.No.474 of 2014. After inquiry, ultimately, the learned Additional Senior Civil Judge, at Eluru, allowed the I.P. by granting relief claimed therein. Assailing the said judgment, the 2nd respondent preferred appeal before the learned I Additional District Judge, Eluru vide A.S.No.122 of 2018. Even the said appeal came to be dismissed vide judgment dated 09.01.2024. Aggrieved by the same, he preferred present civil miscellaneous second appeal before this Court. 2. Heard Sri M.Sohail Shareef, learned counsel for the appellant and Sri M.Noor Mohammad representing Sri G.Samba Murthy, learned counsel for respondent No.1-Creditor. 5 HCGR,J C.M.S.A.No12 of 2024 3. The respondent No.1-Creditor has now come up with I.A.Nos.1 and 2 of 2025, inter alia, to bring on record the compromise and settlement entered between him and the appellant. 4. I.A.No.1 of 2025 is filed by respondent No.1-Creditor seeking permission to enter into compromise and settle the dispute with the appellant as he received the consideration by way of cash. 5. I.A.No.2 of 2025 is filed by appellant praying to record the compromise, with respondent No.1-Creditor and to pass a decree in terms of the settlement. 6. Both learned counsel appearing for appellant as well as respondent No.1-Creditor have stated that the matter has been now settled and compromised between the parties and an amount of Rs.11,00,000/- (Rupees Eleven Lakhs) has been paid to the respondent No.1-Creditor as full and final settlement and the same has been accepted. In view of the aforesaid settlement arrived, there is nothing to adjudicate further in the present appeal. 7. Basing on aforesaid statements made by both the learned counsel, and also considering I.A.Nos.1 and 2 of 2025 filed by respondent No.1-Creditor, since the issue between parties is settled out of Court, the cause in the appeal does not survive. 6 HCGR,J C.M.S.A.No12 of 2024 8. Recording the said statements, I.A.Nos.1 and 2 of 2025 are ordered and consequently, the Civil Miscellaneous Second Appeal stands closed. There shall be no order as to costs. As a sequel miscellaneous petitions pending, if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 16.07.2025 KBN