Koneru Vamsi Krishna v. Devineni Kasi Basava Annapurnamma
AS/336/2016 · 2025-02-25
Ninala Jayasurya, Sumathi Jagadam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34915 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34915 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY JHE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM lA NO 1 OF 2025 IN/AND FIRST APPEAL NO: 336 OF 2016 Between:
1. Koneru Vamsi Krishna, S/o. Ramesh Babu, aged 28 years, Occ: Business, R/o. D. No. 57-2-7/1, Karanam Street, Patamata, Vijayawada, Krishna District. 2. Koneru Ramesh Babu,, S/o. Late K. Venkateswara Rao, aged 55 years, Occ: Business, R/o. D. No. 57-2-7/1, Karanam Street, Patamata, Vijayawada, Krishna District. ...APPELLANT/DEFENDANTS 2 & 4 AND Devineni Kasi Basava Annapurnamma, W/o. D. Mallikarjuna Rao, aged 60 years, Sairam Gardens, Yousaf Guda, Hyderabad. ...RESPONDENT/PLAINTIFF
1. Acanta Pavani,, W/o. A. Gopichand, aged 33 years, R/o. Villa No. 25 Aparna Archids, Near Hitex, Izzath Nagar, Kondapur, Hyderabad. 2. Koneru Siva Nageswara Rao,, S/o. Late K. Venkateswara Rao, aged 61 years, R/o. D. No. 57-3-1, Yadavala Bazaar, R/o. Patamata, Vijayawada , ^ City, Krishna District ...RESPONDENTS/DEFENDANTS 1 & 3 Appeal under section 96 of CPC against the Judgment and Decree and dt: 30.10.2015 passed in OS.No. 293 of 2011 on the file of the court of the VIII Addl. District and Sessions Judge, Vijayawada. 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 to record the terms of compromise filed herewith and pass a decree in accordance therewith in AS No. 336 of 2016, in the interests of justice. The Appeal coming on for hearing, upon persuing the Memorandam of grounds filed in the Appeal, the Judgment and Decree of the Lower Court and the record in the case and upon hearing the arguments of Sri NIMMAGADDA SATYANARAYANA Advocate for the Appellants of Sri Y RAMATIRTHA Advoacte for the Respondent. The Court Doth Order and Decree as follows :
1. That the lA No. 1 of 2025 be and is hereby Allowed
2. That the Appeal Suit be and is hereby disposed of in terms of the Compromise
\
3. That there be no Order as to Costs in this Appeal. SDI- E.KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The VIII Additional District & Sessions Judge Vijayawada (with records)
2.
Three CD Copies TAC
HIGH COURT DATED;25/02/2025 DECREE AS.No.336 of 2016 * 2 6 MAR 2025 f . Current becuon . S^esPATCH^^ DISPOSING THE AS IN TERMS OF COMPROMISE
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI ^. TUESDAY ,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE li bV V' /, PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM lA NO 1 OF 2025 IN/AND FIRST APPEAL NO: 336 OF 2016 Appeal under section 96 of CPC against the Judgment and Decree and dt; 30.10.2015 passed in OS.No. 293 of 2011 on the file of the court of the VIII Addl. District and Sessions Judge, Vijayawada. Between:
1. Koneru Vamsi Krishna, S/o. Ramesh Babu, aged 28 years, Occ; Business, R/o. D. No. 57-2-7/1, Karanam Street, Patamata, Vijayawada, Krishna District. 2. Koneru Ramesh Babu,, S/o. Late K. Venkateswara Rao, aged 55 years, Occ; Business, R/o. D. No. 57-2-7/1, Karanam Street, Patamata, Vijayawada, Krishna District. ...APPELLANT/DEFENDANTS2 & 4 AND Devineni Kasi Basava Annapurnamma, W/o. D. Mallikarjuna Rao, aged 60 years, Sairam Gardens, Yousaf Guda, Hyderabad. ...RESPONDENT/PLAINTIFF
1. Acanta Pavani,, W/o. A. Gopichand, aged 33 years, R/o. Villa No. 25, Aparna Archids, Near Hitex, Izzath Nagar, Kondapur, Hyderabad. 2. Koneru Siva Nageswara Rao,, S/o. Late K. Venkateswara Rao, aged 61 years, R/o. D. No. 57-3-1, Yadavala Bazaar, R/o. Patamata, Vijayawada City, Krishna District ...RESPONDENTS/DEFENDANTS 1 & 3 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 to record the terms of compromise filed herewith and pass a decree in accordance therewith in AS No. 336 of 2016, in the interests of justice. Counsel for the Appellant : SRI NIMMAGADDA SATYANARAYANA Counsel for the Respondents : SRI YALLABANDI RAMATIRTHA AND MS P SATYA HARITHA The Court made the following JUDGMENT :
Ci:?
APHC010546432016 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (SPECIAL ORIGINAL JURISDICTION) 3494 TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE [Spresent THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM LA. No.1 OF 2025 IN/AND APPEAL SUIT No.336 OF 2016 Between: Koneru Vamsi Krisha and another Appellants and Devineni Kasi Basava Annapurnamma And 2 others Respondents Counsel for the Appellants Sri Nimmagadda Satyaarayana Counsel for the Respondents Sri Yallabandi Ramatirtha The Court made the following JUDGMENT: (PerNJS.j) This Appeal is filed, assailing the judgment and decree, dated 30.10.2015, allowing O.S. No.293 of 2011 on the file of the Court of VIII Additional District and Sessions Judge, Vijayawada, by the appellants herein, who were defendant Nos.2 and 4 therein respectively. i 2 '55' Njs,j a js,j AS No.336/2016 i.A. No.1 OF 2025
2. This Application is filed by the appellants and respondents seeking to record the terms of compromise and to pass a decree in accordance therewith. 3. Heard learned counsel for the petitioners/appellants and
learned counsel for the respondents. The appellants as well as the respondents, who are identified by their respective counsel, are present before this Court and on being specifically asked, both the parties confirmed that they have entered into compromise out of their own will and in terms of the agreement arrived at between them. As the parties voluntarily agreed to settle the dispute amicably and the terms and conditions are reduced into writing, this Court is inclined to record the terms of compromise and accordingly I.A. No.1 of 2025 is allowed.
4.
APPEAL SUIT No.336 OF 2016
5. In view of the orders passed by this Court in I.A. No.1 of 2025, the Appeal Suit is disposed of in terms of the compromise. No order as to costs.
6. Consequently, Miscellaneous Applications pending, if any, shall stand closed.
: m 3 NJS,J & JS,J AS No.336/2016
7. Registry is directed to enclose a copy of the terms of compromise to this judgment.
SD/- E.KAMESWARA RAO ' JOINT REGISTRAR i V.
//TRUE COPY// SECTION OFFICER To,
1. The VIII Additional District & Sessions Judge Vijayawada (with records)
2. One CC to SRI. NIMMAGADDA SATYANARAYANA Advocate [OPUC] One CC to SRI. YALLABANDI RAMATIRTHA Advocate [OPUC] The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi
3.
4.
5. THREE CD COPIES TAC (Note : A Long with Compromise Memo)
HIGH COURT DATED:25/02/2025
ORDER + DECREE lA N0.1 OF 2025 IN/AND AS.No.336 of 2016 . Current bection . y DISPOSING THE AS IN TERMS OF COMPROMISE
3 ;
TERMS OF COMPROMISE MUTUALLY AGREED BY BOTH PARTIES: SIP i. It is agreed among appellants and respondents that they absolute ownership rights of 1 respondent over the Suit extent of 567 sq.yards of residential plot in accept the Schedule Property i.e.; an RS No. 456/6 situated in Bharathi Nagar line Vijayawada and of the same on this day. agreed to handover her peaceful possession appellants and respondents that ii. It is agreed among respondents 2 and 3 would withdraw the appeal filed by them in AS.No. 629 of 2016 on the file of this Hon’ble Court against the and decree of O.S No. 293 of 2011 on the file of the court
Judgment of Learned Vlll Additional District and Sessions Judge, Vijayawada. It is hereby agreed among appellants and respondents 1 to 3 that the Gift Deeds dt. 23.112009 vide document No. 2566/2009 and document No. 2565/2009, dt. 23.11.2009 executed by 3^^ respondent in favour of 2^^ respondent and by 2^^^ appellant in favour of 1®^ appellant hereby stands cancelled and the said documents are not III. respectively binding upoq^the 1®^ respondent. Appellants pellants Advocate
1.
2. Respondents O 2 \ Advocate for l^t Respondent 1 VI Advocate for respondents 2 and 3 3
1 ; 4 ; It is hereby agreed they shall not initiate IV. among appellants and respondents any further legal proceedings 1 to 3 that against each other Schedule and the parties herein would abide and all the claims and counter claims with respect to the Suit Property are fully and finally settled by the terms of this compromise. It is hereby agreed that by the appellants to the V. no mesne profits or any costs are payable respondents. It IS agreed among appellants above terms of decree. VI. and respondents herein that the part of the compromise compromise should become VII. Both parties to bear their respective costs, and conditions, both the pass a compromise decree. With the above terms Hon’ble Court to kindly VIII. parties request It is therefore, prayed that this Hon’ble Court may be pleased in A.S. No. 336 of 2016 by mentioned in the affidavit and to pass a compromise decree i terms and conditions recording the pass such other may deem fit and proper in the
order or orders circumstances of the as this Hon’ble Court case. Advocate*Kte^llants Appellants Ui
1.
2- U Advocate for Respondent Respondents 3 1 a- Advocate for respondents 2 and 3