APHC010575182023 ■ u IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI N, 7 / yi. w. ] V'l MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM APPEAL SUIT No.654 of 2023 Between: Burugapalli Sivaram Krishna, R/o.D.No.8-2-603/1/25, Plot No.25, Krishnapuram, Near I.T.Quarters, Opposite Namasthe Telangana Office, Hyderabad. S/o.Bapi Raju, aged 58 years ...Appellant/Defendant AND Kakumani Subba Rao, R/o.D.No.3/229, Saikuteer Road, Y.M.R. Colony, Proddatur Town, Kadapa District. S/o.Krishna Murthy, aged 58 years. ...Respondent/Plaintiff Appeal filed under Section 96 R/w Order 41 Rule 1 of CPC, against the Judgment and Decree, dated 21.06.2023, passed in O.S.No.14 of 2015, on the file of II Additional District Judge, Proddatur, Kadapa District. lA NO: 1 OF 2025 Petition under Section 151 R/w Order 23 Rule 3 of 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 compromise in terms of the memorandum of compromise filed by the Petitioner/Appellant/defen dant and - respondent /respondent/Plaintiff and allow the above appeal A.S.No.654 of 2023, by setting aside the judgment and decree passed in O.S.No.14 of 2015, dated 21.06.2023, on the file of the Court of the II Additional District Judge, Kadapa, at Proddatur. The Appeal Suit and I.A.No.1 of 2025 coming this day for order as to settlement in the presence of Sri Madhava Rao Nalluri, Advocate for the Appellant and of Sri Jithendra Kalyan, representing on behalf of M/s. Pillix Law Firm, Advocate for the Respondent. Appellant and the respondent through respective advocate, having filed I.A.No.1 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.1 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.1 of 2025. 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.1 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 suit be and is hereby disposed of in terms of compromise. 2) That the terms and conditions of the compromise herein are i) That the Petitioner/Appellant herein shall pay an amount of Rs.55,00,000/-, to the Respondent as full and final settlement by way of Demand Drafts in the names of the individuals mentioned hereunder as requested by the Respondent herein: 1. Kakumanu Subbarao - 5,00,000/- 15,00,000/- 10,00,000/- 18,00,000/- 7,00,000/- 2. H. Narayana (HUF) 3. Malepati Rajani 4. M. Ramadevi 5. M. Vijay Kumar (HUF) - The above said Demand Drafts will be handed over to the respondent in the Court Hall at the time of recording the compromise by this Hon’ble Court. That it is submitted that both the parties have agreed that they have no further claims against each other in respect of the Judgment and decree dated 21.06.2023, passed in O.S.No.14 of 2015, on the file of the Court of the II Additional District Judge, Kadapa, at Proddatur, in accordance with the terms of the above memorandum of compromise. That both the petitioner/appellant/ defendant and the respondent/respondent/defendant, further agreed that after recording the compromise before this Hon’ble Court, the respondent namely Kakumani Subba Rao, shall immediately withdraw the C.C.No.168 of 2017, before the Court of the II Additional Judicial Magistrate of First Class, Proddatur, filed under section 138 of N.l.Act. ii) iii) 3) That there be no order as to costs in this appeal. Sd/-KTATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The II Additional District Judge, Proddatur, Kadapa District. 2. Two CD Copies TK \ \ HIGH COURT \ V. ■1 i DATED:07/07/2025 DECREE mil C” 2 5 !!!1 2025 c AS No. 654 of 2023 Co '5- V, DISPOSING OF THE APPEAL SUIT IN TERMS OF COMPROMISE r 3 V >4% APHC010575182023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI iL' MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM APPEAL SUIT No.654 of 2023 Appeal filed under Section 96 R/w Order 41 Rule 1 of CPC, against the Judgment and Decree, dated 21.06.2023, passed in O.S.No.14 of 2015, on the file of II Additional District Judge, Proddatur, Kadapa District. Between; S/o.Bapi Raju, aged 58 years. Burugapalli Sivaram Krishna R/o.D.No.8-2-603/1/25, Plot No.25, Krishnapuram, Near I.T.Quarters, Opposite Namasthe Telangana Office, Hyderabad. ...Appellant/Defendant AND Kakumani Subba Rao, S/o.Krishna Murthy, aged 58 years, R/o.D.No.3/229, Saikuteer Road, Y.M.R. Colony, Proddatur Town, Kadapa District. ...Respondent/Plaintiff lA NO: 1 OF 2025 Petition under Section 151 R/w Order 23 Rule 3 of 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 compromise in terms of the memorandum of compromise filed by the Petitioner/Appellant/defen dant and f V I respondent /respondent/Plaintiff and allow the above appeal A.S.No.654 of 2023, by setting aside the judgment and decree passed in O.S.No.14 of 2015, dated 21.06.2023, on the file of the Court of the II Additional District Judge, Kadapa, at Proddatur. Counsel for the Appellate ; Sri Madhava Rao Nalluri Counsel for the Respondent : Sri Jithendra Kalyan, representing behalf of M/s. Pillix Law Firm on The Court made the following order: } \ \ % APHC010575182023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3524] MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM FIRST APPEAL NO: 654/2023 Between: 1.BURUGAPALLI SIVARAM KRISHNA. S/O.BAPI RAJU. AGED 58 KO.D.NO.8-2-603/1/25, KRISHNAPURAM. NEAR LT.QUARTERS NAMASTHE TELANGANA OFFICE, HYDERABAD. YEARS, PLOT N0.25, OPPOSITE ...APPELLANT AND 1.KAKUMANI SUBBA RAO, S/o.Krishna Murthy, aged 58 years, R/o.D.No.3/229, Saikuteer Road, Y.M.R. Colony, Proddatur Town, Kadapa District. ...RESPONDENT begs to present this Memorandum of Appeal against theyJudgment and Decree, dated 21.06.2023, passed in O.S.No.14 of 2016, on the file of II Additional District Judge, Kadapa at Proddatur, 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 may be pleased to record the compromise in terms of the memorandum of compromise filed by the Petitioner/Appellant/defen dant and respondent /respondent/Plaintiff and allow the above appeal A.S.No.654 of 2023, by setting aside the judgment and decree passed 2 (RNT,J & MRK ' A.S. NO.654 OF 2023) the file of the Court of the II in the interest of justice in O S No.14 of 2015, dated 21.06.2023, on Additional District Judge, Kadapa, at Proddatur, in and pass Counsel for the Appellant; 1.MADHAVA RAO NALLURl Counsel for the Respondent; 1.P1LL1X LAW FIRM 3 (RNT,J & MRI<,J A.S. NO.654 OF 2023} The Court made the following: JUDGMENT (per Hon ’ble Sri Justice Ravi Nath Tilhari) Sri Burugapalli Sivaram Krishna, the appellant, appeared through his counsel, Sri Madhava Rao Nalluri; and Sri Kakumani Subba Rao, the respondent, appeared through his counsel, Sri Jithendra Kalyan, representing Piltix Law Firm. 2. On 19.06.2025, the following order was passed; The respondent/plaintiff O.S.No.14 of 2015 for recovery of amount against the appellant/defendant, which was decreed by the Court of II Additional District Judge, Kadapa at Proddatur. 2. The present appeal has been filed by the appellant/defendant. 3. The respondent has filed caveat. 4. Learned counsels for the parties are present. filed 5. I.A.No.l of 2025 has been filed to record the compromise in terms of memorandum of compromise jointly filed by both the parties along with I.A.No.l of 2025 and to decide the appeal in terms thereof. 6. The parties shall appear before the Registrar (Judicial) on 30.06.2025 for verificationof terms of compromise. 7. List after verification along with the report of Registrar (Judicial)..” I 3. On 01.07.2025, the following order was passed; “The Registrar Judicial has submitted report, on verification of compromise. 2. On the joint request of the parties counsels, to enable the parties to appear personally before the Court, post on 07.07.2025..” ' 4 (RNT,J & M- A.S. NO.654 OF 2023) I 4. As per the orders of this Court, dated 19.06.2025, the Registrar (Judicial), after due verification, submitted his report on 30.06.2025. 5. The compromise was duly verified. 6. Learned counsels for both the parties submit for disposal of the appeal in terms of the compromise. The appeal is accordingly disposed of in terms of the compromise. I.A. No.1 of 2025, the compromise memo, the joint memos, the affidavits filed by the parties in support of the I.A., and the report of the Registrar (Judicial) dated 30.06.2025 shall form part of the appellate decree. 7. No separate order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. Sd/- K TATA RAO DEPUTY REGI^fJAR //TRUE COPY// SECTION OFFICER To 1. The II Additional District Judge, Proddatur, Kadapa District, (with records if any) One CC to Sri Madhava Rao Nalluri, Advocate [OPUC] One CC to M/s. Pillix Law Firm, Advocate [OPUC] The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi. (to dispatch the trial court records) Two CD Copies 2. 3. 4. 5. TK *along with the compromise memo, the joint memo, the affidavits filed by the parties in support of the I.A.No.1 of 2025 and the report of the Registrar (Judicial) dated 30.06.2025. HIGH COURT DATED:07/07/2025 JUDGMENT + DECREE AS No. 654 of 2023 - DISPOSING OF THE APPEAL SUIT IN TERMS OF COMPROMISE MEMORANDUM OF CIVIL fviiSCELLANEOUS APPLICATION rUncAer Order £5 S ^ * r, ax/ati IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI OF 2025 t lANo. / IN A.S.No, 654 OF 2024 Between; Burugapalli Siva Rama Krishna, S/o. Late Bapi Raju aged 68 years. R/o. D.No.8-2-603/1/25, Plot No. 25, Krishnapuram, Near I.T.Quarters, Opposite Namaste Telangana Office, Hyderabad. Petitioner/Appellant/Defendant AND Kakumani Subba Rao, S/o.Krishna Murthy, aged 67 years, R/o.D.No.3/229, Sai Kuteer Road Y.M.R. Colony, Proddatur Town, Kadapa District. ... Respondent/Respondent/Plaintiff For the reasons stated in the Memorandum of Compromise and the Joint Memo, it is therefore prayed that this Hon’ble Court may be pleased to record the compromise in terms of the memorandum of compromise filed by the Petitioner/Appellant/defendant and respondent /respondent/Plaintiff and allow the above appeal A.S.No.654 of 2023, by setting aside the judgment and decree passed in O.S.No.14 of 2015, dated 21.06.2023, on the file of the Court of the 11 Additional District Judge, Kadapa, at Proddatur, in the interest of justice and pass such other order or orders may deem fit and proper in the circumstances of the case. .04.2025 /^5- Date: Place: Amaravat|.->^/ XX Counsel for Petitioner/Appellant 4?^ ■ it \ r s \ >* \ \ is -’ty V. % IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI I.A. No. I OF 2025 IN A.S. No. 654 OF 2023 Between: Burugapalli Siva Rama Krishna, S/o. Late Bapi Raju, aged 68 years. R/o. D.No.8-2-603/1/25, Plot No. 25, Krishnapuram, Near I.T. Quarters, Opposite Namaste Telangana Office, Hyderabad. ... Potitioner/Appeilant-Defendant AND Kakumani Subba Rao, S/o. Krishna Murthy, aged 67 years, R/o.D.No.3/229, Sai Kuteer Road Y.M.R. Colony, Proddatur Town, Kadapa District. ... Respondent/Respondent/Plaintiff 4 AFFIDAVIT I, Burugapalli Siva Rama Krishna, S/o. Late Bapi Raju, aged 68 years, R/o. H.No.8-2-603/1/25, Plot No. 25, Krishnapuram, Near I.T. Quarters, Opposite Namaste Telangana Office, Hyderabad, now having temporarily come down to Amaravati, do hereby solemnly and sincerely affirm and state as follows; I submit that I am the petitioner herein and Appellant in the above appeal and as such I am well acquainted with the facts of the case. 1. 1. I submit that the Respondent herein filed O.S. No. 14 of 2015 before the Court of the ii Additional District Judge, Kadapa, at Proddatur, against me seeking recovery of an amount of Rs.84,96,799/-, basing on a alleged promissory note dated 10.08.2012, executed by me in favour of the Respondent for a sum of Rs.52,00,000/-. That the Hon'bie Trial Court was pleased to allow the said suit on 21.06.2023, in favour of the Plaintiff/Respondent herein, directing me to pay an amount of Rs.84,96,799/-, along with costs of the if rjKjiSJSajr 3 suit as prayed for, and further directed to pay the subsequent interest @ 6 % per annum from the date of the suit to till the date of realization the principal amount of Rs.52,00,000/-. I submit that that aggrieved by the judgment and decree passed in O.S.No.14 of 2015, dated 21.06.2023, on the file of the Court of the II Additional District Judge, Kadapa at Proddatur, I filed the above appeal A.S.No.654 of 2023, before this Hon’ble Court. on "li 3. I submit that Respondent herein namely Kakumani Subba Rao filed C.C.No.168 of 2017, before the Court of the il Additional. Judicial Magistrate of First Class, Proddatur, under section 138 of N.l Act, for dishonoring the Cheque and the same is pending. During the pendency of the above Appeal Suit before this Hon’ble Court and the C.C.No.168 of 2017, before the Court of the II Additional Judicial Magistrate of First Class, Proddatur, under section 138 of N.l Act, by the intervention of the well-wishers and elders of both of us, myself and the Respondent came to an understanding to get the above appeal suit be compromised with 4. the following conditions, (i) The terms of compromise is that I have to pay an amount of Rs.55,00,000/-, to the Respondent as full and final settlement by way of Demand Drafts in the names of the individuals mentioned hereunder; 1. Kakumanu Subbarao 5,00,000/-, 2. H. Narayana (HUF) - 15,00,000/-, 3. Malepati Rajani - 10,00,000/-, 4. M. Ramadevi - 18,00,000/- and 5. M. Vijay Kumar (HUF) - 7,00,000/- . We agreed that the above said Demand Drafts will be handed over to the respondent in the Court Hall at the time of recording the compromise by this Hon’ble Court. 5. I submit that we have no further claims against each other in respect of the Judgment and decree dated 21.06.2023, passed in O.S.No.14 of 2015, on the file of the Court of the II Additional District Judge, Kadapa, at Proddatur. We further agreed that after recording the compromise before this Hon’bie Court in the above Appeal Suit, the j Rao. shall immediately withdraw Court of the II Additional Judicial Respondent namely Kakumanl the C.C.No.168 of 2017, before Magistrate of First Class, Proddaiur. filed under section 138 of NJ Act. IV Therefore, it is prayed that this Hon'ble Court may be pleased to record the compromise in terms of the memorandum of compromise filed by the Petitio'ner/App'eliant/Defendant and Respondent/ Respondent/ Plaintiff, and allow the above appeal A.S.No.654 of 2023, by setting aside the Judgment and decree passed in O.S.No.14 of 2015, dated 21.06.2023, on the file of the Court of the II Additional District Judge, Kadapa, at Proddatur, in the interest of justice and pass such other order or orders may deem fit and proper in the circumstances of the case. 6. Solemnly and sincerely affirm this the day of 29.04.2025 and signed his name in my presence. BEFORE ME Deponent ADVOCATE:: AMARAVATI VERIFICATiON STATEMENT 1, Burugapalli Siva Rama Krishna, S/o. Late Bapi Raju, aged 68 years, R/o. D.No.8-2-603/1/25, Plot No. 25, Krishnapuram, Near i.T. Quarters, Opposite Namaste Teiangana Office, Hyderabad, being the Appellant/ person acquainted with the facts do hereby verify and state that the contents of the above paras of the Affidavit are true and correct to the best of my knowledge. The above contents are typed under my instructions and same are read over and explained to me in vernacular language. Hence verified at Amaravati on this the day of 29.04.2025. J Deponent Advocate 5 IN THE HIGH COURT OF AHDHRA PRADESH AT AMARAVATI I.A. No. OF 2025 N A.S. No. 654 OF 2023 Between: Burugapalli Siva Rama Krishna, S/o. Late Bapi Raju, aged 68 years, R/o. D.No.8-2-6C3/1/25, Plot No. 25, Krishnapuram, Near i.T.Quarters, Opposite Namaste Telangana Office, Hyderabad. ... Petitioner/Appellant/Defendant AND Kakumani Subba Rao, S/o.Krishna Murthy, aged 67 years, R/o.D.No.3/229, Sai Kuteer Road, Y.M.R. Colony, Proddatur Town, Kadapa District. ... Respondent/Respondent/Plaintiff JOINT MEMO 1. It is submitted that the Respondent herein filed O.S. No.14 of 2015 before the Court of the 1; Additional District Judge, Kadapa, at Proddatur, against the Petitioner herein, seeking recovery of an amount of Rs.84,96,799/-, basing on a promissory note dated 10.08.2012, executed by the Petitioner in favour of the Respondent for a sum of Rs.52,00,000/-. That the Hon’ble Trial Court was pleased to allow the said suit on 21.06.2023, in favour of the Plaintiff/Respondent herein, directing the Petitioner/Appellant in the above appeal to pay an amount of Rs.84,96,799/-, along with the costs of the suit as prayed for, and V Kakumam Subba Rao ^ F-y Advocate for the Respondent Burugapalli Siva Rama Krishna N Advocate for the Petitioner/Appellant (> subsequent interest @ 6 % per annum from , the principal amount further directed to pay the the date of the suit to till the date of realization on of Rs.52,00,000/-. submitted that aggrieved by the judgnient and decree passed the file of the Court of the II at Proddatur, the Petitioner above appeai A.S.No.654 of 2023, before this 2. It is in O.S.No.14 of 2015, dated 21.G6.2023, on Additional District Judge, Kadapa herein/Appellant filed the Hon’ble Court. respondent herein/respondent namely C.C.No.168 of 2017, before the Court of the of First Class, Proddatur, under section for dishonoring the Cheque and the same is pending. It is submitted that Kakumani Subba Rao filed II Additional Judicial Magistrate 138 of N.l Act, 3. It is submitted that during pendency of the above Appeal Suit Court and the C.C.No.168 of 2017, before the Court 4. before this Hon’ble of the II Additional section 138 of N.l Act, by the Judicial Magistrate of First Class, Proddatur, under intervention of the well-wishers and elders and Respondent came to an of both the parties, the Petitioner understanding to get the above appeal suit be compromised with a amount of Rs.55,00,OOOA condition that Petitioner herein shall pay an full and final settlement by way of Demand Drafts to the Respondent as in the names of the individuals, whose names are Memorandum of Compromise and the above said Demand Drafts will mentioned in the in the Court Hall at the time of be handed over to the respondent in Kakumani Subba Rao P - CT r Advocate for the Respondent Burugapalli Siva Rama Krishna KT- Advocate for the Petitioner/Appellant recording the compromise by the Hon'ble Court. Both the parties agreed that they have no further claims against each other in respect of the Judgment and decree dated 21.06.2023, passed in O.S.No.14 of 2015, on the file of the Court of the II Additional District Judge, Kadapa, at Proddatur and in respect of the C.C.No.168 of 2017, before the Court of the II Additional Judicial Magistrate of First Class, Proddatur. filed under section 138 of N:i Act, by the respondent. Both the petitioner/appellant/defendant . and the respondent/respondent /defendant, further agreed that after recording the compromise before this Hon ble Court, the respondent namely Kakumani Subba Rao, shall immediately withdraw the C.c!No;168 of 2017, before the Court of the II Additional Judicial Magistrate of First Class, Proddatur, filed under section 138 of N.I Act. 5. it is submitted that in the aforesaid facts and circumstances the petitioner/appellant/defendant and the respondent/respondent/pla intiff have decided to file the present joint memo before this Hon’ble Court seeking kind indulgence of this Hon’ble Court to record the compromise in terms of the memorandum of compromise filed in the above appeal by the Appellant and the Respondent and allow the above appeal by setting aside the judgment and decree passed in O.S.No.14 of 2015, dated 21.06 2023, on the file of the Court of the II Additional District Judge, Kadapa, at Proddatur, Unless this Hon’ble Court record the compromise in terms of the memorandum of compromise filed by the petitioner/appellant/defendant and the respondent/respondent/pla intiff both the parties will suffer irreparable loss and financial hardship. A la) Burugapalli Siva RamO^hna Kakumani Subba Rao Advocate for the Respondent Advocate for the Peiitioner/Appeiiant 6 6. Therefore, it is prayed that this Hon’ble Court may be pleased to record the compromise in terms of the memorandum of compromise filed by the Petitioner/Appellant/defendant and respondent /respondent/Plaintiff and allow the above appeal A.S.No.654 of 2023, b^ setting aside the judgment and decree passed in O.S.No.14 of 2015j dated 21.06.2023, on the file of the Court of the II Additional District Judge, Kadapa, at Proddatur, in the interest of justice and pass such other order or orders may deem fit and proper in the circumstances of the case. A KakunTi^ani Subba Rao Burugapalli Siva Kama Krishna Advocatefor the Respondent Advocate for the Petitioner/Appeliai/it PlaceiAmaravati. Date:05.04.2025 / 1 IN THE HIGH COURT OF ANDHRA PRADESH I.A.No. AT AMARAVATI OF 2025 IN A.S.No. 654 OF 2023 Between; Burugapalli Siva Rama Krishna, S/o. Late Bapi Raju aged 68 years, R/O..D.NO.8-2-603/1/25, ^ ’ Plot No. 25, Krishnapuram, Near i.T.Quarters Opposite Namaste Telangana Office, Hyderabad. Metitioner/Appeiiant/Defendant AND Kakumani Subba Rao, S/o.Krishna Murthy Y®M p® 2/° D No-3/229, 3ai Kuteer Road. Y.M.R. Colony, Proddatur Town, Kadapa District. Respondent/Respondent/Plaintiff memorandum of compromise It is submitted that the Respondent herein before the Court of the II Additional filed O.S. No. 14 of 2015 District Judge, Kadapa, at seeking recovery of an amount Proddatur, against the Petitioner herein, of Rs.84,96,799/-, basing promissory note dated 10.08.2012 executed by the Petitioner in favour of the Respondent for Rs.52,00,000/-. That the Hon'ble Trial Court on a a sum of was pleased to allow the said suit on 21.06.2023, in favour of the Plaintiff/Respondent herein, directing the Petitioner/Appellant in the above appeai to pay of Rs.84,96,799/-, along with the an amount costs of the suit as prayed for, and ho Burugapalli Siva Rama Krishna Kakumdni Subba Rao nJ Advocate for the Petitioner/Appellant Advocate for the Respondent \0 further directed to pay the subsequent interest @ 6 % per annum from the date of the suit to till the date of realization on the principal amount of Rs.52,00,000/-. %- 2. It is submitted that aggrieved by the judgment and decree passed in O.S.No.14 of 2015, dated 21.06.2023, on the file of the Court of the II Additional District Judge, , Kadapa at Proddatur, the Petitioner herein/Appellant filed the above appeal A.S.No.654 of 2023, before this Hon’ble Court. 3. It is submitted that respondent herein/respondent namely Kakumani Subba Rao filed C.C.No. 168 of 2017, before the Court of the II Additional Judicial Magistrate of First Class, Proddatur, under section 138 of N.l Act, for dishonoring the Cheque and the same is pending. During the pendency of thtj above Appeal Suit before this HorVble Court and the C.C.No.168 of 2017, before the Court of the II Additional Judicial Magistrate of First Class, Proddatur, under section 138 of N.l Act, by the intervention of the well-wishers and eiders of both the parties, the Petitioner and Respondent came to an understanding to get the above appeal suit be compromised with the following TERMS AND CONDITIONS (i) The terms of compromise is, the Petitioner/Appellant herein shall pay an amount of Rs.55,00,000/-, to the Respondent as full and final settlement by way of Demand Drafts in the names of the individuals mentioned hereunder as requested by the Respondent herein: Kakumani Subba Rao Advocate for the Respondent Burugapalli Siva Rama Krishna NJ ■ Advocate for the Petitioner/Appellant 1\ 1. Kakumanu Subbarao - 5,00,000/- 2. H. Narayana (HUF)- 15,00,000/- 3. Malepati Rajani - 10,00,000/- 4. M. Ramadevi - 18,00,000/- 5. M.Vijay Kumar (HUF)- 7,00,000/-. The above said Demand Drafts will be handed over to the respondent in the Court Hall at the'time of recording the compromise by this Hon'ble Court. (ii) It is submitted that both the parties have agreed that they have further claims against each other in respect of the Judgment and decree dated 21.06.2023, passed in 0.vS.No.14 of 2015, on the file of the Court of the II Additional District Judge, Kadapa, at Proddatur, in accordance no with the terms of the above memorandum of compromise. Both the petitioner/appellant/defendant and the respondent/respondent /defendant, further agreed that after recording the compromise before this Hon'ble Court, the respondent namely Kakumani Subba Rao, shall immediately withdraw the C.C.No.168 of 2017, before the Court of the II Additional Judicial Magistrate of First Class, Proddatur, filed under section 138 of N.I Act. Therefore, it is prayed that this Hon’ble Court may be pleased to record the compromise in terms of the memorandum of compromise filed by the Petitioner/Appellant/Defendant and 5. bo Burugapalli Siva Rama Krishna Kakumani Subba Rao Advocate for the Respondent / Advocate for the Petitioner/Appeliant 1^ Respondent/Respondent/Plaintiff and allow the above appeal % A.S.No.654 of 2023, by setting aside the judgment and decree passed in O.S.No.14 of 2015, dated 21.06.2023, on the file of the Court of the II Additional District Judge, Kadapa, at Proddatur, in the interest of justice and pass such other order or orders may deem fit and proper in the circumstances of the case. Burugapal^i Siva Rama Krishna KakurT’ani Subba Rao Advocate for the Respondent Advocate foi^e Pet^^^^tV^^ ant Place: Amaravati. Date: 05.04.2025 .13 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI I.A.No. OF 2025 IN A.S.No. 654 OF 2023 Between: Burugapalli Siva Rama Krishna, S/o. Late Bapi Raju aged 68 years, R/o. D.No.8-2-603/1/25, Plot No. 25, Krishnapuram, Near I.T.Quarters, Opposite Namaste Telangana Office, Hyderabad. Petitioner/Appellant/Defendant AND Kakumani Subba Rao, S/o.Krishna Murthy, aged 67 years, R/o.D.No.3/229, Sai Kuteer Road, Y.M.R. Colony, Proddatur Town, Kadapa District. ... Respondent/Respondent/Plaintiff AFFIDAVIT I, Kakumani Subba Rao, S/o. Krishna Murthy, aged 67 years Wo.D.No.3/229, Sai Kuteer Road, Y.M.R. Colony, Proddatur Town, Kadapa District, now having temporarily come down to Amaravati, do hereby solemnly and Sincerely affirm and State as follows: . . 1. anneal anrt"!' V"’ and Respondent in the above appeal and as such I am well acquainted with the facts of the case. 2. I submit that the I filed O.S. No. 14 of 2015 Additional District Judge, Kadapa, at Proddatur, before the Court of the il against the Petitioner/Appellant, f Rs 84,96,799/-, basing on a promissory tjote aated 10.08.2012, executed by the Petitioner in my favour for a sum of Rs. 52,00,000/-. That the Hon’ble Trial Court was pleased to allow the said suit] 21.06.2023, in my favour, directing the petitioner to Rs.84,96,7.99/-, along with costs of the suit on pay an amount of ^ . as prayed for, and further directed to pay the subsequent interest @ 6 % per annum from the date of the suit to tillTthe date of realization on the principef amount of Rs.52,00,000/-. 3. I submit that that aggrieved by the judgment O.S.No.14 of 2015, dated 21.06.2023 and decree passed in r.. ,. , , . on the file of the Court of the II Additidnal District Judge, Kadapa at Proddatur, the Petitioner/Appellant filed the abdve appeal A.S.No.654 of 2023, before this Hon’ble Court 1' C.C.No.168 of 2017, before the Court of the II Additional JL.dicial Magistrate of First Class, Proddatur, under Section 138 of N.l Act for dishonoring the Cheque and the same is pending. During the pendency of the above Appeal Suit before this Hon’ble Court and the C.C.No.168 of 2017, before the Court of the II Additional Judicial Magistrate of First Class, Proddatur under section 138 of N.l Act, by the intervention of the well-wishers of us, myself and the Petitioner and eiders of both came to an understanding to get the above appeal suit be compromised with the following conditions, (i) The terms of cornpromise is that the petitioner has to pay an amount of Rs.55,00,000/-, ot me as full and final settlement by way of Demand Drafts in the names'of the individuals mentioned hereunder: 1. Kakumanu Subbarao - 5,00,000/- 2. H. - 10,00,000/-, 4. M. RamadOvi 18,00,000/. and 5. M.ViJay Kumar (HUF) - 7,00,000/-. We agreed that the above said Demand Drafts will be handeo over to me in the Court Hall at the time of recording the compromise by this Hon’ble Court. 5. I submit that we have no further claims against each other in respect of the Judgment and decree dated 21.06.2023, passed in O.S.No.14 of 2015, on the file of the Court of the II Additional District Judge, Kadapa, at Proddatur. We urther agreed that after recording the compromise before this Hon’ble Court in the above Appeal Suit, I shall immediately withdraw the C.C.No.168 of 20117 before ote Court of the II Additional Judicial Magistrate of First Class, Proddatdr filed under section 138 of N.l Act. -Mf:S 15 Lpro^lrin' •° ‘he passed in O.S.No.14 of 2015 datef9i ^6 2023 m th ' n case. the pass proper in the circumstances of the .'yjLjLxJ- yi Solemnly and sincerely affirm this the day of 29.04.2025 and signed his name in my presence. Deponent before me \ ADVOCATE ;: AMARAVATI VERIFICATION STATEMENT R/d.D.No.3/229. Sai^Kuteer Road %% A "{■yLuj^- M) Deponent REPORT OF THE REGISTRAR (JUDICIAL) IN AS No.654 of 2023 Date; 30.06.2025 The Hon’ble High Court while dealing with AS No.654 of 2023, considered I.A.No.1 of 2025 which was filed for compromise on joint memo and directed both parties to appear before the Registrar (Judicial) on 30.06.2025. The Hon’ble directed the Registrar (Judicial) to verify the terms of compromise and submit his report. The order of the Hon’ble Court runs as follows: The respondent/plaintiff filed O.S.No.14 of 2015 for recovery of amount against the appellant/defendant, which was decreed by the Court of II Additional District Judge, Kadapa at Proddatur. 2. The present appeal has been filed by the appellant/defendant. 3. The respondent has filed caveat. 4. Learned counsel for the parties are present. 5.1.A.No.1 of 2025 has been filed to record the compromise in terms of memorandum of compromise jointly filed by both the parties along with I.A.No.1 of 2025 and to decide the appeal in terms thereof. 6. The parties shall appear before the Registrar (Judicial) 30.06.2025 for verification of terms of compromise. 7. List after verification along with the report of Registrar (Judicial).” on As directed by the Hon’ble Court both the appellant/defendant Burugapalli Siva Rama Krishna and the respondent/plaintiff Kakumani Subba Rao present before the Registrar (Judicial) along with their Aadhar cards. The respective counsels of the appellant and the respondent present as well. 3 '/ / It is further submitted that both parties stated that once the above matter is settled there will not be any pending financial disputes between them. In the presence of Registrar (Judicial) both the appellant/defendant and respondent/plaintiff affixed their signatures. Accordingly, the report is hereby submitted for your Lordships kind perusal and consideration. 7^'^ CccwX Ooeo \ CcCj 4. : X' b(2QZr Signature of RespondentyPlaintiff fL H -'X K s O'’' C\- xo Signature of the counsel for the respondent Signature of the Appeilant/Defendant NT Signature of the counsel for. the appellant 1117 Rill Registrar (Judicial) Enclosures: 3>e\io\‘K- 1. Copies of Aadhar cards of the appellant and respondent. 2. 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