N H H N IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO l■A.No■2 of 2024 in/and SECOND APPEAL No.658 of 2024 SECOND APPEAL No.658 of 2024 Appeal under Section 100 of C.P.C, Aggrieved by the Decree and Judgement dated 18.06.2024 passed in Appeal Suit No. 75/2023 on the file of I Additional District Judge, Nellore partly allowing the Suit instead of confirming the Judgment and Decree dated 28.02.2023 passed in OS No. 427/2018 on the file of Principal Senior Civil Judge, Nellore, SPSR Nellore District. Between: Patnam Uma Maheswari, W/o. Mallikarjuna, Aged about 48 years, R/o. Madarajugudur Village, Nellore Rural Mandal, SPSR Nellore District. ...Appellant/Respondent/Plaintiff AND Pallamreddy Venkata Sesha Reddy, S/o. Ramasubba Reddy, Aged about 63 year, R/o. Varigond Village, T P Gudur Mandal, SPSR Nellore District. ...Respondent/Appellant/Defendant s lA NO: 2 OF 2024 Petition under Order 23 Rule 3 R/w Section 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 dispose of S.A.No.658/2024 in terms of compromise entered between the parties. Counsel for the Appellant : Sri T C Krishnan Counsel for the Respondent : Sri C Subodh The Court made the following: JUDGMENT HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO InterlocutoryApplicationNo.2 of 2024 in/and Second Appeal No.658 of 2024 Judgment: The interlocutory application I.A.No.2 of 2024 is filed seeking to dispose of the second appeal in terms of Memorandum of Compromise entered into between both the parties under Order XXIII, Rule 3 of C.P.C. 2. Both parties and their counsel are present before the Court today and copies of identity proofs are filed by both the parties and both the parties have been identified by their respective counsels. Both parties represented that they have agreed to the terms, which were incorporated in the Memorandum of Compromise entered into between them and requested to dispose of the second appeal by recording the terms in the said Memorandum of Compromise. 3. Therefore, the interlocutory application is allowed and the terms of Memorandum of Compromise are recorded. Accordingly, the second appeal is disposed of in terms of Memorandum of Compromise entered into between both the parties. Pending applications, if any, shall stand closed. Each party do bear their own costs in the second appeal. Sd/- E KAMESWARA RAO JOIN REGISTRAR //TRUE COPY// SE' OFFICER To The I Additional District Judge, Nellore, SPSR Nellore District. The Principal Civil Judge (Senior Division), Nellore, SPSR Nellore District. One CC to Sri T C Krishnan, Advocate [OPUC] One CC to Sri C Subodh, Advocate [OPUC] The Section Officer, V.R Section, High Court of Andhra Pradesh. Three CD Copies 1. 2. 3. 4. 5. 6. TK vna * along with the Joint Compromise Memo in I.A.No.2 of 2024 in SA No.658 of 2024 HIGH COURT DATED:21/01/2025 JUDGMENT + DECREE I.A.No.2 of 2024 in/and SA.No.658 of 2024 21 I5M a^ Uurfmu jck.aoi'* ^ ALLOWING THE I.A.No.2 of 2024 AND DISPOSING OF THE SECOND APPEAL IN the high court of JUDiCAUTRE, ANDHRA PRADESH AT AMARAVATI S.A.N0.658 OF 2024 BETWEEN: Patnam Uma Maheswari, W/o. Mallikarjuna, Aged about 44 years, Madarajugudur village, Nellore Rural Mandal, SPSR Nellore District’ . Appellant/Respondent/Plaintiff AND Pallamreddy Venkata Sesha Reddy S/o. Ramasubba Reddy,Aged about 63 Varigonda village, T.P.Gudur Mandal, SPSR Nellore District. years. ... Respondent/Appellant/Defendant MEMORANDUM OF COMPROMISE UNDFR ORnFP RULE 3 OF c.pTc ■ ' “ 1. Whereas, the appellant herein filed suit in O.S.No.427/2018 on the file of Prigcipal Senior Civil Judge, Nellore against the respondent for Specific performance of Agreement of sale dt.21.09.2017 or in alternative for refund of earnest Rs.28,20,000/- with interest @ 24 % p.a. from the date of money of agreement, till realization for permanent injunction restraining the defendant, his men, agents, servants, etc., from interfering with his peaceful possession and enjoyment of the plaint schedule property and for costs. 2. The suit O.S.No.427/2018 was decreed on 28.2.2023 directing the defendant to execute a Register Sale Deed in favour of the plaintiff with regard to plaint schedule property, after receiving a sum of Rs.9,04,000/- which shall be paid/deposited by plaintiff within a period of 2 months from 28.02.2023 with suit costs. If u YiCShaTu ■p defendant fails to execute the same even after receipt of said amount by the plaintiff within the period prescribed, it shall be done through process of Court. The suit as regards the relief of permanent injunction and alternative relief of refund of the sale consideration amount of Rs.28,20,000/- with interest is dismissed. The defendant do pay to the plaintiff a sum of Rs.54,006/- being the costs of the suit awarded to her and bear his own costs of Rs. 1,15,162/-. 3. Pursuant to decree and Judgment, the plaintiff deposited amount of Rs.9,04,000/- on 28.3.2023 vide CFMS Transaction ID 60208385302022 in the Principal Senior Civil Judge, Nellore . an 4. The Defendant/Respondent herein preferred A.S.No.75/2023 before I Addl. District Judge, Nellore against decree and Judgment in O.S.No.427/2018, dt.28.02.2023 on the file of Principal Senior Civil Judge, Nellore. The said A.S.No.75/2023 was partly allowed by setting aside the Judgment and Decree in O.S.No.427/20>8 on the file of Principal Senior Civil Judge, Nellore dt.28.02.2023 by directing the defendant to refund Rs. 19,16,000/- to the plaintiff along with interest @12 % per annum from the date of the suit, till the amount is paid to the plaintiff. Pursuant to the Judgment and A.S.No.75/2023, the defendant deposited an amount of Rs.32,26,186/- on 29.10.2024. Decree in 5. The plaintiff preferred S.A.No.658/2024 before this Hon’ble Court against the Judgment and Decree passed in A.S.No.75/2023 on the file of I Addl. District Judge, Nellore, dt. 18.06.2024. During pendency of the Second Appeal, the elders known to both the parties have intervened and after prolonged negotiations and to purchase the peace, both the parties decided to settle the matter T- 1) an amicably out of the court. As per the settlement both parties entered into Compromise on 09.12.2024. Now the memorandum of compromise reads as follows;- 1) Both the parties can withdraw the amounts deposited by them before Principal Senior Civil Judge Rs.9,04.000/- Nellore i.e., an amount of deposited by plaintiff and Rs.32.26.186/- deposited by the defendant. The deposited by the defendant shall be defendant. an amount of suit cost entitle to withdraw by the 2) The plaintiff has to defendant within 3) The defendant has pay an amount of Rs.17.58.000/- to the 7^4 eff€ month from 09.12.2024. to receive above said amount i.e. Rs.17.58.000/- and has to favour of the plaintiff without any objections. 4) The defendant handed 09.12.2024 on the register the suit schedule property in over the suit schedule property on assurance of elders 1) Sarangam Gunnaiah and 2) Bynaboirra Sudhakar and in their presence. 5) If plaintiff failed to pay the amount of Rs.17.58.000/- within prescribed time, the compromise will be cancelled. 6) If defendant failed to execute the Register Sale Deed, after receiving the amount, the piaintiff is at liberty to take action as per law. Since both the parties agreed to come to an understanding detailed^above, the Hoh’ble Court is requested to set aside the decree of the 1*' Additional District Judge, Nellore in A.S.No.75/2023 and be pleased to decree the suit in O.S.No.427/2018 Senior Civil Judge. Nellore as may on the file of Principal per this memorandum of compromise. as \ ro(?> / 7 ) Both the parties have understood the content and signed this memorandum with free will, undue influence, threat consent. They are ready and willing to and admit the contents of Memorandum or coercion and appear before this Hon’ble Court of Compromise. Patnam Uma Maheswari Pallamreddy Venkata Sesha Reddy A Couna or the appellant counsel for Respondent Amaravati Datea//12/2024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO LA,NoJof20^24 in/and SECOND APPEAL No.658 of 2024 SECOND APPEAL No.658 of 2024 Between: Patnam Uma Maheswari, W/o. Mallikarjuna, Aged about 48 years, R/o. Madarajugudur Village, Nellore Rural Mandal, SPSR Nellore District. ...Appellant/Respondent/Plaintiff AND Pallamreddy Venkata Sesha Reddy, S/o. Ramasubba Reddy, Aged about 63 year, R/o. Varigond Village, T P Gudur Mandal, SPSR Nellore District. ...Respondent/Appellant/Defendant Appeal under Section 100 of C.P.C, Aggrieved by the Decree and Judgement dated 18.06.2024 passed in Appeal Suit No. 75/2023 on the file of I Additional District Judge, Nellore partly allowing the Suit instead of confirming the Judgment and Decree dated 28.02.2023 passed in OS No. 427/2018 on the file of Principal Senior Civil Judge, Nellore, SPSR Nellore District. lA NO: 2 OF 2024 Petition under Order 23 Rule 3 R/w Section 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 dispose of S.A.No.658/2024 in terms of compromise entered between the parties. ‘ The Second Appeal and I.A.No.2 of 2024 coming this day for order as to'settlement in the presence of Sri T C Krishnan, Advocate for the Appellant and of Sri C Subodh, Advocate for the Respondent. Appellant and the respondent through respective advocate, having filed I.A.No.2 of 2024 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 Lower 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.2 of 2024 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.2 of 2024. 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.2 of 2024 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 Second Appeal be and is hereby disposed of in terms of compromise. 2. That the I.A.No.2 of 2024 be and is hereby allowed. 3. That the terms and conditions of the compromise herein are i) That both the parties can withdraw the amounts deposited by them before Principal Senior Civil Judge, Nellore i.e., an amount of Rs.9,04,000/- deposited by plaintiff and an amount of Rs.32,26,186/- deposited by the defendant. The suit cost deposited by the defendant shall be entitle to withdraw by the defendant. ii) That the plaintiff has to pay an amount of Rs. 17,58,000/- to the defendant within two month from 09.12.2024. iii) That the defendant has to receive above said amount i.e., Rs. 17,58,000/- and has to register the suit schedule property in favour of the plaintiff without any objections. iv) That the defendant handed over the suit schedule property on 09.12.2024 on the assurance of elders 1) Sarangam Gunnaiah and 2) Bynaboina Sudhakar and in their presence. V) That if plaintiff failed to pay the amount of Rs. 17,58,000/- within prescribed time, the compromise will be cancelled. Vi) That if defendant failed to execute the Register Sale Deed, after receiving the amount, the plaintiff is at liberty to take action as per law. 4. That each party do bear their own costs in this appeal. Sd/- E KAMESWARA RAO JOIN REGISTRAR A //TRUE COPY// SECTION OFFICER 1. The I Additional District Judge, Nellore, SPSR Nellore District. ^ Dislricf'^^''^^' (Senior Division), Nellore, SPSR Nellore 3. Three CD Copies To TK vna HIGH COURT DATED:21/01/2025 DECREE I.A.No.2 of 2024 in/and SA.No.658 of 2024 5 2 I JAN m ^ . Current cieciion . ^ ALLOWING THE I.A.No.2 of 2024 AND DISPOSING OF THE SECOND APPEAL