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2025 DAILYLAW 31981 (AP)

M.A.J.Krishna Kumari W/o. M.E.Dutt v. Ramacharan Dos Colony Sankhema Sangham, Tirupathi

SA/251/2014 · 2025-05-06

Venuthurumalli Gopala Krishna Rao

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV, WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO lA N0.2 of 2025 IN/AND SECOND APPEAL No.251 of 2014 SECOND APPEAL No.251 of 2014 Between: M.A.J.Krishna Kumari, W/o. M.E.Dutt, Hindu, aged about 35 years Housewife, Residing at D.No. 6-1-184 Ramacharandos Colony Tirupathi, Chittoor District. ...Appellant (Appellant / D-1) AND 1. Ramacharan Dos Colony Sankhema Sangham, Tirupathi, Represented by its Secretary Sri T.Jayarami Reddy, S/o. T.Venkata Reddy, Hindu, aged about 60 years. Lecturer, R/o. D.No. 6-1-69 (S), Ramacharandoss Colony, K.T.Road., Tirupathi, Chittoor District. ...Respondent (Respondent / Plaintiff) 2. Varadaraja Nagar Welfare and Development Society, Having office at D.No.6-1-252, Varadaraja Nagar Tirupati, Tirupati (Urban), Tirupati District. Represented by its Secretary M. Ravindra Babu, R/o. D.No.6-1- 230, Varadaraja Nagar, Tirupati, Tirupati (Urban), Tirupati District. (As per the court order dated 10.04.2025, Respondent No.2 is impleaded on record. Vide lA No. 1 of 2025 in SA No. 251 of 2014) ...Respondent ’/ Appeal under Section 100 of C.P.C, against the decree and judgment, dated 3.4.2012 and made in A.S.No.13/2009 on the file of III Additional District Judge, Tirupati confirming the judgment and decree, dated 7.1.2.009 on the file of V Additional Junior Civil Judge, Tirupati in O.S.No.288/1996. lA No.2 of 2025 Between: M.A.J.Krishna Kumari, W/o. Late M.E.Dutt, aged about 61 years, R/o. D.No. 7-2-50/51, R.E. Mada Street, Tirupati, Tirupati(Urban), Tirupati District. ...Petitioner / Appellant AND 1. Ramacharan Dos Colony Sankhema Sangham, Tirupathi, Represented by its Secretary Sri T.Jayarami Reddy, S/o. T.Venkata Reddy, R/o. D.No. 6-1-695, Ramacharandoss Colony, K.T.Road, Tirupathi, Chittoor District. ...Respondent No.1 (Respondent No.1 is not a necessary party) 2. Varadaraja Nagar Welfare and Development Society, Having office at D.No.6-1-252, Varadaraja Nagar, Tirupati, Tirupati (Urban), Tirupati District. Represented by its Secretary M. Ravindra Babu, R/o. D.No.6-1- 230, Varadaraja Nagar, Tirupati, Tirupati (Urban), Tirupati District. (As per the court order dated 10.04.2025, Respondent No.2 is impleaded on record. Vide lA No. 1 of 2025 in SA No. 251 of 2014) ...Respondent No.2 Petition under Order 23 Rule 1(1) C.P.C, 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 and allow the SA. No. 251 of 2014. The Second Appeal and I.A.No.2 of 2025 coming this day for order as to settlement in the presence of Sri P Jagadish Chandra,Pxasad, Advocate for the Appellant and of Sri P V Raghu Ram, Advocate for the Respondent No.2. Appellant and the respondent through respective advocate, having filed I.A.No.2 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.2 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.2 of 2025. . .j ■. 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 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 be and hereby is disposed of by recording the terms of compromise; 2) That the I.A.No.2 of 2025 be and hereby is ordered. 3) That the terms and conditions of the compromise herein are (a) That both the parties by intervention of elders had settled the matter out of court and agreed by both the parties that all the matters and disputes between the parties are settled out of court. The respondent No.2 agreed to settle all the matters against the Appellant. (b)That in view of the above settlement both the parties agreed to allow the S.A.No.251 of 2014. r (c)That the respondent No.2 no claim (or) any right, title over the property and the Appellant M.A.J Krishna Kumari is,the absolute owner of the schedule property. (d)That respondent No.2 has agreed to withdrawn the claim of permanent injunction in O.S.No.288/1996 on the file of Hon’ble V Additional Junior Civil Judge, Tirupati and respondent No.2 agreed to withdrawn or settle the maters in O.S.No.532/2002 on the file of 1®' Principal Junior Civil Judge, Tirupati and all other matters and the respondent will not claim any right, title and dispute against the appellant herein and respondents agreed to settle all the cases which was decreed in their favour. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Ml Additional District Judge, Tirupati, Chittoor District. 2. The V Additional Civil Judge (Junior Division), Tirupati, Chittoor District. 3. Three CD Copies TK vna 1 HIGH COURT DATED:07/05/2025 DECREE I.A.No.2 of 2025 in / and SA.No.251 of 2014 19 JUN 2025 ^ *5. e» Current section . DISPOSING OF THE SECOND APPEAL IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO lA No.2 of 2025 IN/AND SECOND APPEAL No.251 of 2014 SECOND APPEAL No.251 of 2014 Appeal under Section 100 of C.P.C, against the decree and judgment, dated 3.4.2012 and made in A.S.No.13/2009 on the file of III Additional District Judge, Tirupati confirming the judgment and decree, dated 7.1.2009 on the file of V Additional Junior Civil Judge, Tirupati in O.S.No.288/1996. Between: M.A.J.Krishna Kumari, W/o. M.E.Dutt, Hindu, aged about 35 years Housewife, Residing at D.No. 6-1-184 Ramacharandos Colony Tirupathi, Chittoor District. ...Appellant (Appellant / D-1) AND 1. Ramacharan Dos Colony Sankhema Sangham, Tirupathi, Represented by its Secretary Sri T.Jayarami Reddy, S/o. T.Venkata Reddy, Hindu, aged about 60 years. Lecturer, R/o. D.No. 6-1-69 (S), Ramacharandoss Colony, K.T.Road., Tirupathi, Chittoor District. ...Respondent (Respondent / Plaintiff) ^ 2. Varadaraja Nagar Welfare and Development Society, Having office at ‘ D.No.6-1-252, Varadaraja Nagar Tlrupati, Tirupati (Urban), Tirupati District. Represented by its Secretary M. Ravindra Babu, R/o. D.No.6-1- ;■ 23Q, Varadaraja Nagar, Tirupati, Tirupati (Urban), Tirupati District. -.-rf'" (As per the court order dated 10.04.2025, Respondent No.2 is impleaded on record. Vide lA No. 1 of 2025 in SA No. 251 of 2014) ...Respondent lA No.2 of 2025 Between: M.A.J.Krishna Kumari, W/o. Late M.E.Dutt, aged about 61 years, R/o. D.No. 7-2-50/51, R.E. Mada Street, Tirupati, Tirupati(Urban), Tirupati District. ...Petitioner / Appellant AND 1. Ramacharan Dos Colony Sankhema Sangham, Tirupathi, Represented by its Secretary Sri T.Jayarami Reddy, S/o. T.Venkata Reddy, R/o. D.No. 6-1-695, Ramacharandoss Colony, K.T.Road, Tirupathi, Chittoor District. ...Respondent No.1 (Respondent No.1 is not a necessary party) 2. Varadaraja Nagar Welfare and Development Society, Having office at D.No.6-1-252, Varadaraja Nagar, Tirupati, Tirupati (Urban), Tirupati District. Represented by its Secretary M. Ravindra Babu, R/o. D.No.6-1- 230, Varadaraja Nagar, Tirupati, Tirupati (Urban), Tirupati District. (As per the court order dated 10.04.2025, Respondent No.2 is impleaded on record. Vide lA No. 1 of 2025 in SA No. 251 of 2014) ...Respondent No.2 Petition under Order 23 Rule 1(1) C.P.C, 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 and allow the SA. No. 251 of 2014. ; SRI P JAGADISH CHANDRA PRASAD Counsel for the Appellant Counsel for Respondent No.1: SRI K S GOPALA KRISHNAN Counsel for Respondent No.2: SRI P V RAGHU RAM The Court made the following Judgment: HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO l■A■No■2 of 2025 in/and SA No.251 of 2014 Judgment: Both sides counsel present. Appellant and 2"^^ respondent present. They represented that they have agreed the terms of compromise as mentioned in I.A.No.2 of 2025 and they produced original Aadhar Cards and that both sides counsel identified them. Accordingly, the second appeal is disposed of by recording the terms of compromise. 2. Registry is instructed to attach the terms of the compromise to the decree. As a sequel, miscellaneous petitions, if any, pending in the appeal shall stand closed. Sd/-KTATA RAO deputy registrar r %r //TRUE COPY// SECTION OFFICER To ,n Additional District Judge. Tirupati, Chittoor District, (with Division), Tirupati, Chittoor 1. The records if any) 2. The V Additional Civil Judge (Junior District. Chandra Prasad, Advocate [OPUC] Advocate [OPUC] 3. One CC to Sri P Jagadish 4. One CC to Sri K S Gopala Krishnan p V Raghu Ram, Advocate [OPUC] 5. One CC to Sri 6. The Section Officer, V R Section Amaravathi. High Court of Andhra Pradesh at 7. Three CD Copies TK vna in I.A.No.2 of 2025 in SA No.251 of with the Joint Compromise memo in (along 2014) HIGH COURT DATED:07/05/2025 JUDGMENT +DECREE I.A.No.2 of 2025 in / and SA.No.251 of 2014 oiF |X 19 HIM 202b I . Current oecuon . ^ DISPOSING OF THE SECOND APPEAL IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI S.A. No. 251 of 2014 Between: M.A.J Krishna Kumari W/o.LateM.E.Dutt, aged about 61 years, R/o. D.No.7-2-50/51, R.E. Mada Street, ’ Tirupati, Tirupati (Urban), Tirupati District. AND ....Petitioner/Appellant 1- Ramacharan Dos Colony Sankhema Sangham Tirupati Rep by its Secretary Sri T Jayarami Reddy, S/o T. Venkata Reddy, R/o. D. No. 6-1-695Ramacharandoss Colony, K.T. Road, Tirupati, Chittoor District. (Respondent No.1 is not a necessary Party) 2. Varadaja Nagar Welfare and Development Society Having office at D.No. 6-1-252, Varadaraja Nagar, Tirupati, Tirupati (Urban), Tirupati District. Represented by its Secretary M. Ravindra Babu R/o. D. No. 6-1-230,Varadaraja Nagar, Tirupati, Tirupati (Urban), Tirupati District. ...Respondent No. 1 (Impleaded as per the orders of the Hon’ble Court dated 10.04.2025 in I.A. No. 1/2025 in S.A. No. 251/2014) Respondent No. 2 JOINT MEMORANDUM OF COMPROMISE 1. I submit that the dispute is regarding the open plot wherein the appellant is in peaceful possession and enjoyment of the appeal schedule property as per the layout. The original owner has’alienated the open plots to the appellant and as well as to : tha^her/m^bprs of the Respondent/Defppdant^ At the time A y scchetary VARADARAJA NAGAR WELFARE & DEVELOPMENT SOCIETY Regd. No. 44/2015 *6-1-79, K.T. Road, TiRUPATf 7 -517 507 of filing the suit, as there between Association Respondent No.1 i '^as some members and misunderstanding Appellant the filed 0,S. No_ 288 of 1996 on the file of Permanent eiders in the CO,on/redtur" " 'ly, me dispute was settled In above circumstances and also TUDA in and it is Hon'ble V Additional Junior Civil Judge, Tirupati for Injunction and after view of the the clarification i proceedings, it is made clear that there i an open plot purchased by the stated in the plaint after issued by 's no road Appellant/Plaintiff as conducting digital survey. 2. In view of the above ci compromise for below circumstances, both the parties agreed compromise and accepted for terms: stated IERMS of COMPRDMiQp (a) Both the parties by out of court and intervention of elders had settled the matter agreed by both the parties that all the matters court. The against the and disputes between the parties are settled out of all the matters Respondent No.2 agreed to Appellant. 4^ (b)ln view of the above the SA. No. 251 of 2014 settlement both the parties agreed to allow (c) The Respondent Nc.2 no claim owner of the schedule over the the absolute property. H / SECRETARY VARADARAJA NAGAR WELFARES DEVELOPMENT SOCIETY _ , 44/2015 ^1-79, K.T. Road, TIRUPATI -517 507 i. 8 (d)That Respondent No.2 has agreed to withdrawn the claim of permanent injunction in O.S. No. 288/1996 on the file of Hon'ble V Additional Junior Civil Judge Tirupati and respondent no.2 agreed to withdraw or settle the maters in O.S.No. 532/2002 on the file of 1^‘ Principal Junior Civil Judge, Tirupati and all other matters and the respondents will not claim any right, title and agreed to dispute against the appellant herein and respondents settle all the cases which was decreed in their favour. It is therefore prayed that this Hon’ble Court may be pass such other pleased to allow the S.A.No.251 of 2014 and further orders as this Hon’ble Court may deem fit, m the circumstances of the case. / SECRETARY VARADARAJA NAGAR WELFARE & DEVELOPMENT SOCIETY Regd. No. 44/2015 #6-1-79, K.T. Road, TfRyPA'n - 51 jt 507 Respondent No.2 Appellant P-T Coj/ins^ Mr the ellant CounseVtor Respondent 9