IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO I.A No.1 of 2024 IN/AND SECOND APPEAL NO: 1206 OF 2009 Appeal under section 100 of C.P.C, against the Decree and Judgment of the VI Additional District Judge Track Court, Rajahmundry, East Godavari District in A.S No.83 of 2005 dated 29-07-2009 in confirming the Decree and Judgment of the Senior Civil Judge, Ramachandrapuram in O.S No. 48 of 2000 dated 28-02-2005 with regard to the grant of decree for cancel the sale deed dated 10-04-2000 Between: 1. Kola Sreenivasa Rao, S/o. Dalayya Private Employee R/o. Kommaripalem, Biccavolu Mandal, East Godavari District. 2. Kola Pydayya, S/o. Dalayya Private Employee R/o. Kommaripalem, Biccavolu Mandal, East Godavari District. ...Appellants/Appellants/Plaintiffs AND Kovvuri Sudhakara Reddy, S/o. Satyanarayana Reddy, Business R/o. Kommaripalem, Biccavolu Mandal, East Godavari District. 1. 2. Kovvuri Satyanarayana Reddy, S/o. Ammi Reddy, Business R/o. Kommaripalem, Biccavolu Mandal, East Godavari District. 3. Kovvuri Ananda Mohan Reddy, S/o. Satyanarayana Reddy, Business R/o. Kommaripalem, Biccavolu Mandal, East Godavari District. ...Respondents/Respondents/Defendants lA NO: 1 OF 2024 Petition under Order XXII 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 Memorandum of Terms and Conditions of Compromise entered in between the Appellants and Respondents 1 & 2, accordingly pass the Decree in S.A.No.1206/2009 by making the said Memorandum of Terms and Conditions of Compromise as part of the Decree. Counsel for the Appellants: SRI NARASIMHA RAO GUDISEVA Counsel for the Respondents: SRI N SIVA REDDY The Court made the following: APHC010522622009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO I.A.No.l OF 2024 In/and SECOND APPEAL NO: 1206/2009 Between: ...APPELLANT(S) Kola Sreenivasa Rao, and Others AND ...RESPONDENT{S) Kovvuri Sudhakara Reddy and Others Counsel for the Appellant(S): 1.NARASIMHA RAO GUDISEVA Counsel for the Respondent(S): 1.N SIVA REDDY The Court made the following: 2 COMMON JUDGMENT! 1. I.A.No.1 of 2024 is filed by the petitioners/appellants/plaintiffs seeking to withdraw the S.A.No.1206 of 2009 in view of the terms and conditions of the compromise. 2. The appellants/plaintiffs filed a suit in O.S.No.48 of 2000 to cancel the document i.e., sale deed dated 10.04.2000 purporting to convey the plaint schedule property in favour of the defendant, as it is obtained under threat and coercion and for a permanent injunction restraining the defendants interfering with plaintiffs possession and from enjoyment of the plaint schedule proeperty. The learned Senior Civil Judge, Ramachandrapuram dismissed the above said Original Suit. 3. Aggrieved by the said decree and judgment, the appellants preferred Appeal Suit No.83 of 2005, whereas the learned VI Additional District Judge (F.T.C), Rajahmundry, East Godavari, partly allowed the Suit without costs by partly setting aside the Judgement dated 28.02.2005 in O.S.No.48 of 2000 by granting permanent injunction restraining the respondent Nos.1 to 3 and their men from ever interfering with appellants peaceful of the plaint schedule property until they are disposed under due process of law and rest of suit/claim of appellants is dismissed. Hence, this Second Appeal is filed. 4. At this juncture, it seems that appellants/plaintiffs settled the with the respondents/defendants. possession and enjoyment matter 5. Along with the I.A.No.1 of 2024 a Memorandum of Understanding for full and final settlement is filed. The respondent Nos.1 and 2/defendants in the Second Appeal admitted that in pursuance of the compromise they received an amount of Rs.5,50,000/- (Rupees Five Lakhs Fifty Thousand only) towards full satisfaction of the judgment and decree Senior Civil Judge, Ramachandrapuram, in O.S.No.48 of 2000, dated passed by learned 3 28.02.2005, and the above agreed amount is paid today, received and acknowledged by the respondents in this Second Appeal. Today, when the matter is taken up for hearing, both parties in the appeal are present and they are identified by their learned counsel. The terms and conditions of compromise are read over to the parties and they are admitted as true and correct. 6. On being satisfied with the terms and conditions of compromise and in view of the amicable settlement made by both parties, I.A.No.1 of 2024 is allowed and consequently the Second Appeal is disposed of by setting aside the decree dated 29.07.2009 in Appeal Suit No.83 of 2005 on the file of learned VI Additional District Judge (F.T.C), Rajahmundry, East Godavari District confirming the decree and judgment dated 23.11.2006 in O.S.No.48 of 2000 on the file of learned Senior Civil Judge, Ramachandrapuram in terms of compromise. There shall be no order as to costs. 7. Registry is directed to annex a copy of the Memorandum of Understanding to this Judgment. 8. Consequently, miscellaneous petitions pending, if any, shall stand closed. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTiON OFFICER To, 1. The VI Additional District Judge Track Court, Rajahmundry, East Godavari District 2. The Civil Judge (Senior Division), Ramachandrapuram, East Godavari District 3. One CC to Sri. Narasimha Rao Gudiseva Advocate [OPUC] 4. One CC to Sri. N Siva Reddy Advocate [OPUC] 5. The Section Officer, V.R. Section, High Court of Andhra Pradesh at Amaravathi. 6. Three CD Copies Stu sree *along with a copy of Memorandum of Terms and Conditions of Compromise rded in LA No.l of 2024 HIGH COURT DATED: 07/01/2025 COMMON JUDGMENT + DECREE LA No.1 of 2024 in/and SA.No.1206 of 2009 I 0FEB 2C25 j . Current Section ALLOWING THE I.A No.1 of 2024 DISPOSING OF THE SECOND APPEAL WITHOUT COSTS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHl S.ANo. 1206 OF 2009 Between; 1. Kola Sreenivasa Rao, S/o. Dalayya, Aged 55 years, Private Employee, Kommaripalem, Biccavolu Mandal, East Godavari District. 2. Kola Pydayya, S/o. Dalayya, Aged 49 years. Private Employee, Kommaripalem, Biccavolu Mandal, East Godavari District. APPELLANTS AND 1. Kowuri Sudhakara Reddy, S/o. Satyanarayana Reddy, Aged 51 years. Business, Kommaripalem, Biccavolu Mandal, East Godavari District. 2. Kowuri Satyanarayana Reddy, S/o. Ammi Reddy, Aged 74 years. Business, Kommaripalem, Biccavolu Mandal, East Godavari District. 3. Kowuri Ananda Mohan Reddy, S/o. Satyanarayana Reddy Aged 54 years. Business, Kommaripalem, Biccavolu Mandal, East Godavari District. MEMORANDUM OF TERMS AND CONDITIONS OF COMPROMISE RESPONDENTS nc That Appellants 1 & 2 and Respondent Nos. 1 & 2 have compromised the Second Appeal with the below mentioned terms and Conditions. 1. That Appellant Nos. 1 & 2/ Plaintiff Nos. 1 & 2 hereby paid an amount of Rs.5,50,000/- to the Respondent No. 1 and same was received by the Respondent No. 1/Defendant No.1 i.e., Kowuri Sudhakara Reddy. 2. The Respondents 1 & 2 have hereby agreed to cancel the Registered Sale Deed vide Document No.592/2000 dated 10-04-2000 on the file of the Sub- Registrar Office, Bikkavolu, East Godavari District stands in the name of Respondent No.1 i.e., Kowuri Sudhakara Reddy. 3. W , l_>J l) W yy That the Respondent Nos. 1 & 2/Defendant Nos.1 & 2 are hereby agreed to continue the Decree and Judgment dated 29-07-2009 passed by the 1 Appellate Court in A.S.No.83/2005 in respect of grant of Permanent Injunction in favour of Appellant s 1 & 2, whereas the Respondents 1 & 2 are hereby agreed that they will not interfere with the peaceful possession and enjoyment of the Appellant Nos. 1 & 2/ Plaintiff Nos. 1 & 2 over the Plaint Schedule Property. 4. St That the Respondent Nos. 1 & 2/Defendant Nos.1 & 2 are hereby agreed that the Respondent No.3 is not necessary party to the Second Appeal and he is not showing any interest in the lis. 5. 6. The Respondent Nos. 1 & 2/Defendant Nos.1 & 2 are hereby admits that they have not filed any Civil Suit for recovery of Plaint Schedule Property against the Plaintiffs, moreover the Respondent Nos. 1 & 2/Defendant Nos.1 & 2 have agreed to cancel the Registered Sale Deed vide Document No.592/2000 dated 10-04-2000 and both are hereby recognizing the full right, title, interest and possession over the Plaint Schedule Property of as per the Registered Sale Deecf executed by 1®‘ Respondent in favour of Appellant Nos. 1 & 2/ Plaintiff Nos. 1&2. The Respondent Nos. 1 & 2/Defendant Nos.1 & 2 are hereby passed a receipt for Rs.5,50,000/- evidencing that they have received the said amount. 7. That the Respondent Nos. 1 & 2/Defendant Nos.1 & 2 are hereby agree to pass a Decree in favour of the Appellant Nos. 1 & 2/ Plaintiff Nos. 1 & 2 to cancel the Registered Sale Deed vide Document No.592/2000 dated 10-04-2000 on the file of the Sub-Registrar Office, Bikkavoiu, East Godavari District stands in the name of Respondent No.1/Defendant No.1 i.e., Kowuri Sudhakara Reddy. 8. That the Respondent Nos. 1 & 2/Defendant Nos.1 & 2 are hereby undertake that they will not claim any irght, title or interest over the Plaint Schedule Property in future at any point time. 9. f (a (Xr -v yV / V t 10. The Respondent Nos. 1 & 2/Defendant Nos.1 & the Cross Objections filed in S.A.No.1206/2009. 1®'APPELLANT 2 are hereby withdrawing (q. RESPONDENT 2"''APPELLANT 2™ RESPONDENT r> .■■n f .1 COUNSEL FOR THE I ("Vo / s / COUNSEL FOR THE RgS^ PELLANTS DENTS AMARAVATHl, DATED: 16-12-2024. 1 t f i i j 1 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO I.A No.1 of 2024 In/and SECOND APPEAL NO: 1206 OF 2009 SECOND APPEAL NO: 1206 OF 2009 Between: 1. Kola Sreenivasa Rao, S/o. Dalayya Private Employee R/o. Kommaripalem, Biccavolu Mandal, East Godavari District. 2. Kola Pydayya, S/o. Dalayya Private Employee R/o. Kommaripalem, Biccavolu Mandal, East Godavari District. ...Appellants/Appellants/Plaintiffs AND 1. Kovvuri Sudhakara Reddy, S/o. Satyanarayana Reddy, Business R/o. Kommaripalem, Biccavolu Mandal, East Godavari District. 2. Kovvuri Satyanarayana Reddy, S/o. Ammi Reddy, Business R/o. Kommaripalem, Biccavolu Mandal, East Godavari District. 3. Kovvuri Ananda Mohan Reddy, S/o. Satyanarayana Reddy, Business R/o. Kommaripalem, Biccavolu Mandal, East Godavari District. ...Respondents/Respondents/Defendants Appeal under section 100 of C.P.C, against the Decree and Judgment of the VI Additional District Judge Track Court, Rajahmundry, East Godavari District in A.S No.83 of 2005 dated 29-07-2009 in confirming the Decree and Judgment of the Senior Civil Judge, Ramachandrapuram in O.S No. 48 of 2000 dated 28-02-2005 with regard to the grant of decree for cancel the sale deed dated 10-04-2000. lA NO: 1 OF 2024 Petition under Order XXII 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 Memorandum of Terms and Conditions of Compromise entered in between the Appellants and Respondents 1 & 2, accordingly pass the Decree in S.A.No. 1206/2009 by making the said Memorandum of Terms and Conditions of Compromise as part of the Decree. The Second Appeal and I.A.No.1 of 2024 coming this day for order as to settlement in the presence of Sri Narasimha Rao Gudiseva, Advocate for the Appellants and of Sri N. Siva Reddy, Advocate for Respondents. Appellants and the Respondents through respective advocate having filed I.A.No.1 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 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 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 IA.No.1 of 2024. ' t This Court DOTH RECORD the terms of the said Joint Memorandum of Compromise the original where is filed in the record of the said I.A.No.1 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; 2. That the I.A No.1 of 2024 be and is hereby allowed; 3. That the decree dated 29.07.2009 in Appeal Suit No.83 of 2005 the file of the VI Additional District Judge (F.T.C), Rajahmundry, East Godavari District. 4. That the decree and judgment dated 23.11.2006 in O.S No. 48 of 2000 on the file of the Senior Civil Judge, Ramachandrapuram in terms of compromise. 5. That the terms of the compromise entered into between the parties herein are: a. That Appellants Nos. 1 & 2/ Plaintiff Nos. 1 & 2 hereby paid amount of Rs.5,50,000/- (Rupees Five Lakhs Fifty Thousand Only) to the Respondent No. 1 and same was received by the Respondent No. 1/Defendant No.1 i.e., Kovvuri Sudhakara Reddy. on an b. That the Respondents 1 & 2 have hereby agreed to cancel the Registered Sale Deed vide Document No.592/2000 dated 10-04-2000 on the file of the Sub-Registrar Office, Bikkavolu, East Godavari District stands in the name of Respondent No. 1 i.e., Kovvuri Sudhakara Reddy. c. That the Respondent Nos. 1 & 2/Defendant Nos. 1 & 2 hereby agreed to continue the Decree and Judgment dated 29-07-2009 passed by the 1®^ Appellate Court in A.S.No.83/2005 in respect of grant of Permanent Injunction in favour of Appellant s 1 & 2, whereas the are Respondents 1 & 2 are hereby agreed that they will not with the peaceful possession and enjoyment of Nos.1 & 2/ Plaintiff Nos. 1 S 2 over the interfere the Appellant Plaint Schedule Property. d. That the Respondent Nos.1 & 2/Defendant Nos.1 & 2 are hereby agreed that the Respondent No.3 is not necessary the Second Appeal and he is not showing any party to interest in the lis. the Respondent Nos. 1 & 2/Defendant Nos.1 & 2 are admits that they have not filed any Civil Suit for Schedule Property against the Plaintiffs, e. That hereby recovery of Plaint moreover the Respondent Nos. 1 & 2/Defendant Nos. 1 & 2 cancel the Registered Sale Deed vide have agreed to Document No. 592/2000 dated 10-04-2000 and both are the full right, title, interest and hereby recognizing possession over the Registered Sale Deed executed by 1 favour of Appellant Nos. 1 & 2/ Plaintiff Nos. 1 & 2. Plaint Schedule Property of as per the Respondent in f. That the Respondent Nos. 1 & 2/Defendant Nos. 1 & 2 are hereby passed a receipt for Rs.5,50,000/- evidencing that they have received the said amount. g. That the Respondent Nos. 1 & 2/Defendant Nos. 1 & 2 are hereby agree to pass a Decree in favour of the Appellant Nos. 1 & 21 Plaintiff Nos. 1 & 2 to cancel the Registered Document No.592/2000 dated 10-04-2000 Sale Deed vide the file of the Godavari District stands in the name 1/Defendant No.1 i.e., Kovvuri Sudhakara Reddy. Sub-Registrar Office, Bikkavolu, East of Respondent No. on V h. That the Respondent Nos. 1 & 2/Defendant Nos.1 & 2 are hereby undertake that they will not claim any right, title or interest over the Plaint Schedule Property in future at any point time. The Respondent Nos.1 & 2/Defendant Nos. 1 & 2 are hereby withdrawing the Cross Objections filed in S.A.No. 1206/2009. I. 6. That there be no order as to costs in this appeal. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The VI Additional District Judge Track Court, Rajahmundry, East Godavari District 2. The Civil Judge (Senior Division), Ramachandrapuram Godavari District 3. Three CD Copies East Stu sree i ' HIGH COURT DATED: 07/01/2025 DECREE I.A No.1 of 2024 in/and SA.No.1206 of 2009 X 0FEB 2C25 ^ ^ Current Section ^ J Co ao ALLOWING THE I.A No.1 of 2024 DISPOSING OF THE SECOND APPEAL WITHOUT COSTS