> & IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE 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 AS NO: 374 OF 2017 Appeal filed under Section 96 of C.P.C, aggrieved by the decree and judgment passed in O.S. No. 188 of 2009, dated 28-04-2016 on the file of Hon'ble XII Additional District Judge, Krishna at Vijayawada, Krishna District. Between; Devineni Kasi Basava Annapurna, W/o. D. Mallikharjuna Rao, Aged about 67 Years, Occ; House Wife, R/o. D. No. 8-3-226 & 227/A No. 303, Sai Ram Gardens Deluxe, Yousufguda, Hyderabad, present at R/o. Flat. No.402, Plot No. 143-B, Surya Arcade Apartments, Jubilee Gardens, Kondapur, Hyderabad. Flat ...APPELLANT/PLAINTIFF AND 1. Koneru Siva Nageswara Rao, S/o. Late. K. Venkateswara Rao, Aged about 64 Years, Occ; Agriculture, R/o. D.No.57-2-7, Karanamgari Veedhi, Patamata, Vijayawada, District Krishna. 2. Koneru Ramesh Babu, S/o. Late. K. Venkateswara Rao, Aged about 61 Years, Occ; Rtd. Employee, C/o. Musunuri Subba Rao, Gunadala, Vijayawada, District Krishna. ...RESPONDENTS / DEFENDANTS ) lA NO: 1 OF 2025 Between: Devineni Kasi Basava Annapurna, W/o. D. Mallikharjuna Rao, Aged about 67 Years. Occ; House Wife, R/o. D. No. 8-3-226 & 227/A, Flat No. 303 Gardens Deluxe, Yousufguda, Hyderabad Sai Ram ...PETITIONER /1®^ RESPONDENT AND 1. Koneru Siva Nageswara Rao, S/o. Late. K. Venkateswara Rao, Aged about 64 Years, Occ: Agriculture, R/o. D.No.57-2-7, Karanamgari Veedhi, Patamata, Vijayawada, District Krishna. 2. Koneru Ramesh Babu, S/o. Late. K. Venkateswara Rao, Aged about 61 Years, Occ: Rtd. Employee, O/o. Musunuri Subba Rao, Gunadala, Vijayawada, District Krishna. ...RESPONDENTS / RESPONDENTS Petition under Order 23 Rule 3 r/w Section 151 of CPC 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 filed herewith and pass a decree in accordance therewith i AS No. 374 of 2017, in the interests of justice. praying that terms of in Counsel for the Appellant : SRI K V RAGHU VEER Counsel for the Respondents : SMT NIMMAGADDA REVATHI The Court made the following JUDGMENT : > APHC010602422017 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.374 OF 2017 Between: Devineni Kasi Basava Annapurna Appellant and Koneru Siva Nageswara Rao and Another Respondents Counsel for the Appellant Sri K.V. Raghu Veer Counsel for the Respondents Smt. Nimmagadda Revathi The Court made the following JUDGMENT: (Per njs,j) This Appeal is filed, assailing the judgment and decree, dated 28.04.2016, partly decreeing O.S. No.188 of 2009 on the file of the Court of XII Additional District Judge, Krishna at Vijayawada, by the appellant herein seeking to declare her as absolute owner of the plaint schedule property by virtue of a registered Will, dated 02.09.2005, being in possession and enjoyment of the same and for consequential permanent injunction restraining the respondents herein, their men, agents and ~ if 2 NJS.J & JS,J AS No.374/2017 representatives from ever interfering with her possession and enjoyment of the plaint schedule property. I.A. No.1 OF 2Q2fi 2. This Application is filed by the appellant and respondents seeking to record the terms of compromise and to pass a decree in accordance therewith. 3. Heard learned counsel for the petitioner/appellant and learned counsel for the respondents. 4. The appellant 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. APPEAL SUIT No.374 OF 2017 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 costs. as to s 3 NJS,J& JS,J AS No.374/2017 6. Consequently, Miscellaneous Applications pending, if any, shall stand closed. 7. Registry is directed to enclose a copy of the terms of compromise to this judgment. SD/- M.RAMESHBABU DEPUTY REGISTRAR St' //TRUE COPY// SECTION OFFICER To, 1. The Xli Additional District Judge, Krishna District, (with records) 2. OneCCto Sri. K V Raghu Veer Advocate [OPUC] 3. One CC to Smt. Nimmagadda Revathi Advocate [OPUC] 4. The Section Officer, V R Section, High Court of Andhra Amaravathi. 5. THREE CD COPIES at Vijayawada, Krishna Pradesh at PR TAC (ENCLOSING A COPY OF THE TERMS OF COMPROMISE) HIGH COURT DATED:25/02/2025 JUDGMENT +DECREE lA NO: 1 OF 2025 IN/AND AS NO: 374 OF 2017 g 13 MAR 2025 ^ . Currant Section COMPROMISED IN IA.No.1 of 2015 AND DISPOSING THE APPEAL HIGH COURT OF ANDHRA PRADESH AT AMARAVATI A.S. No. 374 Of 2017 Between: / Devineni Kasi Basava Annapurna, W/o. D.Mallikarjuna Rao, aged about 74 years, R/o. D/.No. 8-3-226 & 227/A Flat No.303, Sairam Gardens Deluxe, Yousafaguda, Hyderabad. AND Petitioner/ Appellant 1. Koneru Siva Nageswara Rao, S/o. Late Venkateswara Rao, Aged 72 years, Occ: Cultivation, R/o. D.No.57-2-7, Karanamgari Veedhi, Patamata, Vijayawada, Krishna District. 2. Koneru Ramesh Babu, S/o. Late K.Venkateswara Rao, Aged 68 years. Employee, C/o. Musunuri Subba Rao, Corporator, Gunadala, Vijayawada, Krishna District. Respondents/ Respondents COMPROMISE PETITION FILED UNDER ORDER 23 RULE 3 OF CPC It is humbly submitted that the appellant filed a suit in O.S No. 188 of 2009 on the file of the court of Learned XII Additional District Judge, Krishna at Vijayawada as against respondents for the relief of declaration that the appellant is absolute owner of the Plaint Schedule Property by virtue of a registered Will dt. 02.09.2005 consequential Permanent Injunction restraining the respondents agents and representatives etc. from ever interfering with her possession and enjoyment of the Plaint Schedule Property. The court below decreed the suit partly vide Decree and Judgment dt. 28.04.2016. Advocate for Appellant and for men Appellant 1. W Advocate for [Respondents Respondents 1. 7 2. f ; 2 : Aggrieved by the same, respondents herein preferred the AS.No.806 of 2016 and the appellant herein also preferred appeal in A.S.No. 374 of 2017, against dismissal portion of suit on the file of this Hon’ble Court. While it was so, by the intervention of elders, mediators and well wishers of both parties the dispute is settled according to the terms and conditions shown below: appeal in present THE TERMS AND CONDITIONS OF COMPROMISE MUTUALLY AGREED BY ^PELLENT AND REPONDENTS IN THE PRESENT APPEAL IS A<; lINnPP. i. The respondents and their children agreed to give 1/4*^^ share of undivided and unspecified land out of Ac. 049 cents in D. No 193/1 situated in patamata area, Vijayawada to the Appellant with absolute rights and possession over the same and respondents retained remaining portion of undivided and unspecified land in Ac. 0.49 Cents in D. No. 193/1 situated in Patamata area, Vijayawada and respondents agreed to withdraw the AS No. 806 of 2016 filed by them. ii. The Appellant and respondents agreed to sell or develop jointly or collectively, the Suit Schedule Property of land of Ac. 0.49 No. 193/1 situated in Patamata area, Vijayawada without seeking for any physical division of their respective shares as the property is not feasible to enjoy each share separately as it admeasures with a width 57 feet and length of about 360 feet. K V' ^ Advocate /( cents in D. Appellant or Appellant 1. Advocate for Respondents Respondents - 1. 2. The appellant and respondents have initiate any further legal proceedings Suit Schedule Property and * alienate their respective undivided with absolute rights and agreed that they shall not against each other with respect to cooperate with each other to develop J shares in the Suit Schedule Property possession through this compromise. or It is agreed among appellant and for partition in O.S.No.31/2010 Additional District Civil Schedule Property filed their deceased mother separate application for IV. respondents that there is a suit pending on the file of Learned Judge at Vijaywada for XIII the present Suit appellant by agreed to file a against these respondents and and the parties herein also recording compromise therein. It is agreed V. among appellant and respondents herein shall withdraw the the file of this Hon’ble Court decree against the respondents herein that the appeal in AS.No. 806 of 2016 filed by them for the allowed very same Suit Schedule Property, on portion of It is hereby agreed claims and counter claims VI. among appellant and respondents that all the with respect to the Suit Schedule Property would abide by the are fully and finally settled terms of this and the parties herein compromise. ^ ■ 'V, Advocate for Appellant V<U>T_ Appellant 1. Advocate fbr Respondents Respondents 1. ■m 2. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM IA NO: 1 OF 2025 IN/AND AS NO: 374 OF 2017 Between: Devineni Kasi Basava Annapurna, W/o. D. Mallikharjuna Rao, Aged about 67 Years, Occ: House Wife, R/o. D. No. 8-3-226 & 227/A, Flat No. 303, Sai Ram Gardens Deluxe, Yousufguda, Hyderabad, present at R/o. Flat. No.402, Plot No. 143-B, Surya Arcade Apartments, Jubilee Gardens, Kondapur, Hyderabad. ...APPELLANT / PLAINTIFF AND 1. Koneru Siva Nageswara Rao, S/o. Late. K. Venkateswara Rao, Aged about 64 Years, Occ: Agriculture, R/o. D.No.57-2-7, Karanamgari Veedhi, Patamata, Vijayawada, District Krishna. 2. Koneru Ramesh Babu, S/o. Late. K. Venkateswara Rao, Aged about 61 Years, Occ: Rtd. Employee, C/o. Musunuri Subba Rao, Gunadala, Vijayawada, District Krishna. ...RESPONDENTS / DEFENDANTS w Appeal filed under section 96 of C.P.C, aggrieved by the decree and judgment passed in O.S. No. 188 of 2009, dated 28-04-2016 on the file of , Hon'ble XII Additional District Judge, Krishna at Vijayawada, Krishna District. yi lA NO: 1 OF 2025 Between: Devineni Kasi Basava Annapurna, W/o. D. Mallikharjuna Rao, Aged about 67 Years, Occ: House Wife, R/o. D. No. 8-3-226 & 227/A, Flat No. 303, Sai Ram Gardens Deluxe, Yousufguda, Hyderabad ...PETITIONER / RESPONDENT AND 1. Koneru Siva Nageswara Rao, S/o. Late. K. Venkateswara Rao, Aged about 64 Years, Occ: Agriculture, R/o. D.No.57-2-7, Karanamgari Veedhi, Patamata, Vijayawada, District Krishna. 2. Koneru Ramesh Babu, S/o. Late. K. Venkateswara Rao, Aged about 61 Years, Occ: Rtd. Employee, C/o. Musunuri Subba Rao, Gunadala, Vijayawada, District Krishna. ...RESPONDENTS / RESPONDENTS 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 may be pleased to record the terms of compromise filed herewith and pass a decree in accordance therewith in AS No. 374 of 2017, in the interests of justice. The Appeal Suit and I.A.No.1 of 2025 coming this day for order as to settlement in the presence of Sri K V Raghu Veer, Advocate for the Appellant and of Smt. Nimmagadda Revathi, Advocate for the Respondents. 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 • That in view of the orders passed by this Court in lA No.1 of 2025, in terms of the Compromise,,and the Appeal suit be and hereby is disposed • That the decree and judgment in O.S.No.188 of 2009 on the file of The XII Additional District Judge, Krishna at Vijayawada, Krishna District • That the I.A.No.1 of 2025 be and hereby is Ordered. • That the terms and conditions of the compromise herein are as follows; 1. That the respondents and their children agreed to give 1/4th share of undivided and unspecified land out of Ac. 049 cents in D. No 193/1 situated in patamata area, Vijayawada to the Appellant with absolute rights and possession over the same and respondents retained remaining portion of undivided and unspecified land in Ac. 0.49 Cents in D. No. 193/1 situated in Patamata area, Vijayawada and respondents agreed to withdraw the AS No. 806 of 2016 filed by them. 2. That the Appellant and respondents agreed to sell or develop jointly or collectively, the Suit Schedule Property of land of Ac. 0.49 cents in D. No. 193/1 situated in Patamata area, Vijayawada without seeking for any physical division of their respective shares as the property is not feasible to enjoy each share separately as it admeasures with a width 57 feet and length of about 360 feet. 3. That the appellant and respondents have agreed that they shall not initiate any further legal proceedings against each other with respect to Suit Schedule Property and cooperate with each other to develop or alienate their respective undivided shares in the Suit Schedule Property with absolute rights and possession through this compromise. 4. That it is agreed among appellant and respondents that there is a suit for partition in O.S.No.31/2010 pending on the file of Learned XIII Additional District Civil Judge at Vijaywada for the present Suit Schedule Property filed against these respondents and appellant by their deceased mother and the parties herein also agreed to file a separate application for recording compromise therein. 5. That it is agreed among appellant and respondents herein that the respondents herein shall withdraw the appeal in AS.No. 806 of 2016 on the file of this Hon'ble Court filed by them for the allowed portioh of decree against the very same Suit Schedule Property. 6. That it is hereby agreed among appellant and respondents that all the claims and counter claims with respect to the Suit Scheduld Property are fully and finally settled and the parties herein would abide by the terms of this compromise. 7. That it has been agreed by both Appellant and respondents that they shall not claim any mesne profits or any costs payable by each other respectively. 8. . That it is agreed among appellant and respondents herein that the above terms of compromise should become part of the compromise decree. That the both parties should bear their respective costs 9. SD/- M.RAMESH BABU DEPUTY REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The XII Additional District Judge, Krishna at Vijayawada, Krishna District. 2. THREE CD COPIES PR TAC ¥ HIGH COURT DATED:25/02/2025 DECREE lA NO: 1 OF 2025 IN/AND AS NO: 374 OF 2017 COMPROMISED IN IA.No.1 of 2015 AND APPEAL