IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT \Q HONOURABLE SRI JUSTICE NINALA JAYASURYA ^ AND HONOURABLE SMT JUSTICE SUMATHI JAGADAM I.A.Nos.1 & 2 of 2025 IN/AND LETTER PATENT APPEAL No.1 of 2008 Letter Patent Appeal under Clause 15 of Letters Patent Act, against the Judgment and Decree dated 21.12.1999 passed in AS No. 2759 of 1986 of this Court and confirming the Judgment and Decree dated 11.09.1986 in O.S.No.60 of 1985 on the file of the Court of the District Judge, Machilipatnam, Krishna District. Between: 1. Palakurthi Sreeramulu, R/o. Balaramunipeta, Machilipatnam, Krishna District. 2. Palakurthi Padmavathi (died per LRs 4 to 8), 3. Palakurthi Poornachandra Muralikrishna Prasad, R/o. Balaramunipeta, Machilipatnam, Krishna District. 4. Palakurthi Mohana Venkata Satyanarayana Murthy, major, R/o. Balaramunipeta, Machilipatnam, Krishna District. 5. P. Drakshayani, R/o. Balaramunipeta, Machilipatnam, Krishna District. 6. P.S.R. Manoj, R/o. Balaramunipeta, Machilipatnam, Krishna District. 7. P. Harish Kumar, R/o. Balaramunipeta, Machilipatnam, Krishna District. 8. P.H. Ravi Kumar, R/o. Balaramunipeta, Machilipatnam, Krishna District. (The Appellant as GPA holder executed by the Appellant vide Court Order dated 14.02.2025 in I.A.No.1 of 2025) ^ f tAppellant No. 4 is declared as major order dated 21.12.1999 in CMP ''j^No.22838of 1999) (Appellant No. 4 is already on record and appellants 5 to 8 are brought on-record as L.Rs of deceased Appellant No.2 order dated 21.12.1999 in CMP No.22839 of 1999) ...Appellants AND 1. Palakurthi Nagabhushan (Died) 2. Chunduri Ranganayakamma (Died) 3. K. Kesavarao, R/o. Chinnamagiripeta, Machilipatnam, Krishna District. 4. G. Peddirayulu, R/o. Chinnamagiripeta, Machilipatnam, Krishna District. 5. Bhawireddy Markandeyulu, R/o. Chinnamagiripeta, Machilipatnam Krishna District. 6. K. Sambasiva Rao, R/o. Chinnamagiripeta, Machilipatnam, Krishna District. 7. Nimmagadda Poornachandraraj, Machilipatnam, Krishna District. R/o. Chinnamagiripeta 8. Kothamasu Nacharayya, R/o. Chinnamagiripeta, Machilipatnam, Krishna District. 9. Majeti Ratnamala, R/o. Chinnamagiripeta, Machilipatnam, Krishna District. lO.Palakurthy Sree Krishna Murthy, (Died) per LRs 11 to 14 (R-10 is already on record as per L.R. of respondent No.1 also respondent 5^^ Estate of the deceased E-2 order dated 21.12.1999 in CMP No.24065/1999) (Respondent No.9 is brought on record as LR of deceased R-2 order dated 18.3.1997 in CMP No. 154 of 1997) (Respondent No.10 is brought on record as LR of deceased R-1 order dated 17.12.1996 in CMP No.7575 of 1996) II.Durga Bhavani Palakurty, W/o. Sree Krishna Murty Palakurty, aged about 75 years, Occ: Household, Flat No. 10404, Vasavi Sri Nilayam, RTC Colony, Near Chintalkunta Check Post, L.B.Nagar, Hyderabad - 500074. 12.Asha Latha Madupalli, W/o. Sreedhar Madupalli, aged about 54 years, Occ: Household, No.8 - 65, Kothapet, Nuzvid -521201. 13.Anita Gurram, W/o. Sridhar Babu, aged about 53 years, Occ: Household, H.No.1-2-171/2, Flat No.405, Maharaja Residency, Kothapet, Hyderabad - 500035. 14.Ananta Venkata Satish Palakurty, S/o. Sree Krishna Murthy Palakurty, aged about 51 years, Occ: Private Service, Flat No. 10404, Vasavi Sri Nilayam, RTC Colony, Near Chintalkunta Check Post, L.B.Nagar, Hyderabad-500074. (Respondent Nos. 11 to 14 are brought on record as LRs of deceased Respondent No.10 vide Court Order dated 11.11.2024 in I.A.No.3 of 2024 in L.P.A.No.1 of 2008) ...Respondents 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 in the interest of justice to permit the 6*^ Appellant as GPA holder executed by the 8*'' Appellant on 19.07.2019 being validated by the District. Registrar, Krishna, Machilipatnam on 03.08.2019 to prosecute/pursue the L.P.A. No.1 of 2008. lA NO: 2 OF 2025 Petition under Order 23, 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 in the interest of justice to pass a judgment and decree in accordance with the terms and conditions of the Memorandum of Compromise. Counsel for the Appellants : Sri Battula Sanjaiah Gandhi Counsel for Respondent Nos.3 to 9 Counsel for Respondent Nos.11 to 14 The Court made the following; : Sri Srinivas Emani APHC010693812008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM I.A. Nos.1 and 2 of 2()7R IN/AND LETTERS PATENT APPEAL No.1 nf 9nnft [3494] Between: TPalakurthi Sreeramulu, R/o.Balaramunipeta, Machlipatnam District and others. Krishna ...Appellants AND 1. Palakurthi Nagabhushan (Died), R/o.Chinnamagiri, Machilipatnam Krishna District and others. ...Respondents Counsel for the Appellants Counsel for the Respondents Mr.Battula Sanjaiah Gandhi Mr.Srinivas Emani The Court made the following JUDGMENT: (per NJS.J) This appeal is filed assailing the judgment and decree dated 21.12.1999, by virtue of which a Learned Single Judge of this Court dismissed Appeal Suit No.2759 of 1986 preferred by the defendant Nos.1 to 4 against the decree and judgment dated 11.9.1986 in O.S. No.60 of 1985 on the file of the Court of the District Judge, Krishna at accounts, partition and separate Machilipatnam filed for rendition of possession. 2 LPA_1_2008 I.A.No.l of 2025 is filed by the 6^^ appellant seeking permission of this Court to represent the 8*^ appellant in terms of the General Power of Attorney dated 19.7.2019 executed by the 8^^ respondent and registered by the District Registrar, Krishna at Machilipatnam on 03.8.2019 to pursue the present appeal. 2. Considering the submissions made and perusing the copy of the GPA filed along with the affidavit, this application is allowed permitting the 6*^ appellant to represent on behalf of the 8*^ appellant. 3. I.A. No.2 of 2025 is filed by the appellant Nos.4 to 8 and respondent Nos. 11 to 14 seeking to record the compromise entered into between the parties. 4. Heard the learned counsel for the petitioners/appellant Nos.4 to 8. Also heard the learned counsel for the respondent Nos.11 to 14. 3. th The appellant Nos.4 to 7 are present before this Court. The 8 appellant appeared through online. The 8**^ appellant is also being represented by his GPA Holder / 6^^ appellant. They are identified by their counsel Mr.Battula Sanjaiah Gandhi. The respondent Nos.11 to 14 appeared in person and they are identified by their counsel Mr.Emani Srinivas, who appeared through online. 4. On being specifically asked, both the parties confirm the terms of compromise recorded in the memorandum of compromise appended to I.A. No.2 of 2025. As the parties voluntarily agreed to settle the dispute amicably and the terms and conditions are reduced into writing by way of the memo, this Court is inclined to record the terms of compromise, and accordingly I.A. No.2 of 2025 is allowed. 5. 3 LPA 1 2008 LETTERS PATENT APPEAL No.1 of 2008: j 5. In view of the orders passed by this Court in I.A. Nos.1 and 2 of 2025, this Appeal is disposed of, in terms of the compromise entered into between the parties. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. Registry is directed to annex a copy of the joint compromise memo to this order. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The District Judge, Machilipatnam, Krishna District, (with records) 2. One CC to Sri Battula Sanjaiah Gandhi, Advocate [OPUC] 3. One CC to Sri Srinivas Emani, Advocate [OPUC] 4. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi. 5. Three CD Copies TK sree *along with the Joint Compromise Memo in I.A.No.2 of 2025 in LPA No.Ol of 2008 HIGH COURT DATED:14/02/2025 JUDGMENT I.A.Nos.1 & 2 of 2025 in/and LPA.No.1 of 2008 5 0 7 MAR 2025 9» ^ ^ Current Section . ALLOWING THE I.A.Nos.1 & 2 of 2025 AND DISPOSING OF THE LETTERS PATENT APPEAL /! i INTERLOCUTORY APPLICATION 151 of C.P.C.) memorandum OF (Filed Under Order 23, Rule 3 R/w. ANDHRA PRADESH : AT AMARAVATI IN THE HIGH COURT OF LA. No. ^ of 202^ m of 2008 1 L.P.A. No. Between; ^1, Palakurty Sreeramulu (Died) per LRs Palakurty Padmavathr (Died per Poornachandra Muralikrishna LRs 4 to 8) 2. ^3. Palakurty Prasad (Died), ,4. Palakurty Mohana Venkata Satyamarayana Murty, S/o. P.Sree Ramulu, aged about 54 years, Occ; Employee, R/o. Flat No.402, ANR Eshwar Ressidency, Road No.4, Hills Colony, Kothapet, Hyderabad-500035 Green w/n T ate Palakurthi Poornachandra ^ 5. P.Drakshayani, W/o. Late ^ai^ Muralikrishna Prasad, aged about 65 years, Occ: Household, R/o. Balaramunipeta, Machilipatnam, Krishna District. A'6 P S R Manoj, S/o. Late Palakurthi Poornachandra Muralikrishna Prasad, aged about 45 years, Occ: Employee, R/o. Balaramunipeta, Machilipatnam, Krishna District. /? P Hansh Kumar, Late Palakurthi Poornachandra Muralikrishna Prasad, aged about 44 years. Employee, R/o. Balaramunipeta, Machilipatnam, Krishna District. Occ: Palakurthi Poornachandra - R P H Ravi Kumar, Late Muralikrishna Prasad, aged about 47 years. Employee. R/o. Balmomumpeta , Krishna Distnct.(^arf’ (Petitioner No.4 is declared as Major vMe order Ht 91 12 1999 in CMP No.22838 of 1999) No 4 is already on record and Petitioners record as LRs of deceased CMP Occ; Machilipatnam (Petitioner 5 to 8 are brought on ,599 m Petitioner No.2 vide order dt.21.12.199y m No.22838 of 1999); 5 to 8 are LRs of R-3, who are Petitioners/Appellants (Petitioners already on record) -2- And 1. Palakurty Nagabhushanam (Died) 2. Chunduri Ranganayakamma (Died) ‘3. Konkepudi Kesava Occ; Landlord, R/o. BaJaramunipeta, k Machilipatnam, Krishna Rao, Ramanaidupet, District. 4. G.Peddirajulu, S/o. Ankaiu aged about 72 years, R/o Edepalli, Machilipatna Krishna District. m "5. Bhawireddy Markandeyulu aged about 81 years, R/o.Edepalli, Machilipatnam, Krishna District. ^6. Kanukollu Sambasiva aged about 81 years, R/o. Edepalli, Machilipatnam, Knshna District. Nimmagadda Poornachand aged about 81 years R/o. Edepalli, Machilipatnam Knshna District. Rao, /7.. rarao. •• 8. Kothamasu Nancharayya aged about 94 years, R/o.Edepalli, Machilipatnam Knshna District. 9. Majeti Ratnamala (Died), pfr^s,^ ^11. Durga Bhavani Palakurty Zin I"'"'" Murty Palakurty ged about 75 years, Occ; Household RTO Sri Nilayam, RTC Colony, Near Chintalkunta •B. Nagar, Hyderabad - 500074 ^ 65, Kothapet, Nuzvid - 521201 Andhra Pradesh. ^^^01, /10. Check Post, /12. -3- 13. Anita Gurram, W/o. Sridhar Babu, aged about 53 years, Occ: Household, H.No. 1-2-171/2, Flat No.405, Maharaja Residency, Kothapet, Hyderabad - 500035. /14. Ananta Venkata Satish Palakurty, S/o. Sree Krishna Murthy Palakurty, aged about 51 years, Occ: Private Service, Flat No. 10404, Vasavi Sri Nilayam, RTC Colony, Near Chintalkunta Check Post, L.B. Nagar, Hyderabad - 500074. (Respondents 11 to 14 are LRs of deceased R-10), (Respondents 3 to 9 are earlier tenants, who are shown as Defendants 7, 12, 16, 17, 18, 20 and they remained uncontested in O.S. No.60 of 1985 and also in A.S. No.2759 of 1986 and M.Ratnamala, R-9 is not shown in suit cause title and also remained uncontested in A.S. No.2759 of 1986 nor these respondents filed any Appeal or Cross Appeal in A.S. No.2759/ 1986 remaining unchallenged the Judgment in O.S. No.60/ 1985 hence R-3 to R-9 are not necessary parties in this petition and also in L.P.A. No.l of 2008, as they are uncontested and not in the suit premises and judgment and decree in O.S. No.60 of 1985 is binding on them). .. Respondents/Respondents For the reasons stated in the accompanying affidavit, it is prayed that this HonTDle Court may be pleased in the interest of justice to pass a judgment and decree in accordance with the terms and conditions of the Memorandum of Compromise, and pass such other order or orders as this HonJile Court may deem fit and proper in the circumstances of the case. Amaravati, Dated /g.lj^24 Counsel for/he Petitioners I'cr^ 1 e ’ o j01j' (^ ^ f m f-Vle^ p^co^ fly. Ic^Ji ^ J,^ P-' ^ [lave Oae IT. /o/ -Hou ^ flc 51 0) crn KRISHNA :: DISTRICT ■■V -Af. >u» HRcTiAi HIGH COURT OF ANDHRA PRADESH, AT AMARAVATI I 2 f 2024^ LA, No. o in L.P.A. No. I of 2008 -\ O I'^Moo '//G ^ Cs O t<' 1 8 DEC 202^1 ^!' ■\- ^G^. r-A- \' \ pe KKok po «\ 'k r>H-^ n '4''f \ ^ cA ^pPtUiiup oCv C>p ^ <P MEMORANDUM OF COMPROMISE MO-'^ - c OLk lb ) IjYI /'iT/ i CoImVvoL,; Owl- ?wM ^ ^•C ', CoMCKc/IvA h\^oGlA. bC| Olv (oJ^p cobvMa'li Wo/^ I'?. / ^\e<A FVoH c.o'^ Filed by: 01 r ^7 i -• Sri B. Sanjaiah Gandhi (22382), Advocate, ^^[(L LoLk cD^HfO Counsel for the Petitioners/ Appellants Cell: 7032064889 ^ ('To a S\(a5 AT O 5' AFP(\Ui.l- U_L_^ ; '^Hifa tA Poi coU.<pp|-ey- V\A o ^ C<c- K ol^. \ /; ANDHRA PRADESH AT AMARAVATl IN THE HIGH COURT OF of 2024 I.A. No. in of 2008 1 L.P.A. No. Between; Palakurty Sreeramulu (Died) per LRs Palakurty Padmavathi (Died per 1. LRs 4 to 8) 2. 3. Palakurty Poornachandra Muralikrishna Prasad (Died), 4 Palakurty Mohana Venkata Satyanarayana Murty, S/o. P.Sree Ramulu, aged about 54 years, Occ: Employee, R/o. Flat No.402 Ressidency, Road No.3, Hills Colony, Kothapet, ANR Eshwar Green Hyderabad-500035 Palakurthi Poornachandra 5 P Drakshayani, W/o. Late Muralikrishna Prasad, aged about 65 years, Occ. Household, R/o. Balaramunipeta, r-- 4- ■ .e Machilipatnam, Krishna District. 6 P S R Manoj, S/o. Late Palakurth. Poornachandra -„ralikrishna Prasad, aged about 45 years, Occ: Employee, R/o. Balaramunipeta, ^ Machilipatnam, Krishna District. Mu Palakurthi Poornachandra 7 P Harish Kumar, Late Muralikrishna Prasad, aged about 44 years, Occ: Employee, R/o. Balaramunipeta, Machilipatnam, Krishna District. . si P H Ravi Kumar, Late Palakurthi Poornachandra Muralikrishna Prasad, aged about 47 years, Occ: Employee, R/o. Balaramurripeta Machilipatnam, Krishna District.(^ No 4 IS declared as Major vide order CMP No.22838 of 1999) (Petitioner dt.21.12.1999 in L Pm V -r •) v^- A' CJ -2- (Petitioner No.4 is already on record and Petitioners 5 to 8 are brought on record as LRs of deceased Petitioner No.2 vide order dt.2 1.12.1999 in CMP No.22838 of 1999); (Petitioners 5 to 8 are LRs of R-3, who are already on record) .. Petitioners/Appellants And 1. Palakurty Nagabhushanam (Died) 2. Chunduri Ranganayakamma (Died) 3. Konkepudi Kesava Rao, Occ; Landlord, R/o. Balaramunipeta, Ramanaidupet Machilipatnam, Krishna District. 4. G.Peddirajulu, S/o. Ankalu, aged about 72 years, R/o. Edepalli, Machilipatnam, Krishna District. 5. Bhawireddy Markandeyulu, aged about 81 years, R/o.Edepalli, Machilipatnam, Krishna District. 6. Kanukollu Sambasiva Rao, aged about 81 years, R/o. Edepalli, Machilipatnam, Krishna District. 7. Nimmagadda Poornachandrarao, aged about 81 years, R/o. Edepalli, Machilipatnam, Krishna District. 8. Kothamasu Nancharaj^a, aged about 94 years, R/o.Edepalli, Machilipatnam, Krishna District. Pm y ■ ? - f ^f'/l 'MT>Acfrro(i' P bt KuiWTrY Vv Vs- 6^. imH -3- 9. Majeti Ratnamala (Died), 10. Palakurty Sree Krishna Murthy (Died) Per LRs, 1 1. Durga Bhavani Palakurty, W/o. Sree Krishna Murty Palakurty, aged about 75 years, Occ: Household, Flat No. 10404, Vasavi Sri Nilayam, RTC Colony, Near Chintalkunta Check Post, L.B. Nagar, Hyderabad - 500074. 12. Asha Latha Madupalli, W/o. Sreedhar Madupalli aged about 54 years, Occ: Household, No.8-65, Kothapet, Nuzvid - 521201, Andhra Pradesh. 13. Anita Gurram, W/o. Sridhar Babu, aged about 53 years, Occ: Household, H.No.1-2-171/2, Flat No.405, Maharaja Residency, Kothapet, Hyderabad - 500035. 14. Ananta Venkata Satish Palakurty, S/o. Sree Krishna Murthy Palakurty, aged about 51 years, Occ: Private Service, Flat No. 10404, Vasavi Sri Nilayam, RTC Colony Near Chintalkunta Check Post, L.B. Nagar, Hyderabad - 500074. (Respondents 11 to 14 are LRs of deceased R-10), (Respondents 3 to 9 are earlier tenants, who are shown as Defendants 7, 12, 16, 17, 18, 20 and they remained uncontested in O.S. No.60 of 1985 and also in A.S. No.2759 of 1986 and M.Ratnamala, R-9 is not shown in suit cause title and also r P f ?cJL s^ ' f V. V\ M O' (X -4- remained uncontested in A.S. No.2759 of 1986 nor these respondents filed any Appeal or Cross Appeal in A.S. No.2759/ 1986 remaining unchallenged the Judgment in O.S. No.60/ 1985 hence R-3 to R-9 are not necessary parties in this petition and also in L.P.A. No. 1 of 2008, as they are uncontested and not in the suit premises and judgment and decree in O.S. No.60 of 1985 is binding on them). .. Respondents/Respondents MEMORANDUM OF COMPROMISE 1. The Appellants in the L.P.A. are the main contesting defendants in the suit O.S.No.54 of 1982 on the file of Sub Court, Machilipatnam, which was remumbered as O.S.No.60 of 1985 on the file of District Judge, Krishna at Machilipatnam. District Judge, Krishna at Machilipatnam. Originally filed by Palakurthi Nagabhushanam seeking following reliefs: a) to direct the defendant to give a true and correct account of all O.S.No.60 of 1985 on the file of the amounts relating to late Palakurthi Jagannadha Rao realized by him subsequent to his death; b) for partition and separate possession of Plaint ‘A’ Schedule properties into two equal shares and allot one such share to the Plaintiff and that he may be put in separate possession of the same after ejecting the defendants 1 to 4 and 6 to 20 there from; V_A_A_x 9 F Kotur' tV O' -5- c) for partition of ‘B’ Schedule debts into two equal shares and allot one such share to the Plaintiff with interest till the date of realization at the contractuaJ rate; d) That the defendants 1 to 4 may be directed to pay plaintiff the future profits from the date of the suit with interest at 6% per annum till the date of realization; e) That the contesting defendants may be directed to pay the plaintiff the costs of the suit; f) For such other reliefs, as the Court may deem fit and proper in the circumstances of the case may be passed; 2. The 1=' defendant filed written statement adopted by defendants 2 to 4 who are none other than the wife and children of P' defendant to dismiss the suit saying that the said Jagannadha Rao, who is the original owner of the plaint schedule executed a Will on 20.04.1974 bequeathing all his properties to the 1 defendant and his family members denying St the alleged Wills, the suit was decreed on contest on merits on 1 1.09.1986 for partition of Plaint ‘A’ & ‘B’ properties into two equal shares between the plaintiff and Defendant No.5, Ranganayakamma, who is the sister of Nagabhushanam, as she supported the case of plaintiff pr^\/ ' p f Gi' |1' A !+> !lcLrr't’ -(^ V pH- Pavi h-uuux^y .V- Oc -6- and put the plaintiff in separate possession of one such share after ejecting Defendants 1 to 4 and Defendants 6 to 20 by disbelieving the Will up by the defendants 1 to 4 and believing that the plaintiff and defendant No.5 are entitled for the properties of late Jagannadha Rao, who are only heirs on his death on 26.02.1981 being his brother and sister. The tenants who are defendants 7 to 11, 13 to 16, 18 and 19'h defendant given up remained exparte. Defendant No.6 filed written statement but held in judgment in O.S. No.60 of 1985 that Defendant No.6 is no longer a tenant. The defendants 12 and 17 along with other tenants also suffered decree of ejectment. set surviving The defendants 1 to 4 carried by way of Appeal A.S.No.2759 of 1986 before the HonTile High Court of A.P. at Hyderabad against the judgment and decree in O.S. No.60 of 1985. Pending the said appeal, the 2"d appellant P.Padmavathi died and appellants 4 to 8 are added as LRs, though 4'*' appellant was already a party. The 3. D' respondent P.Nagabhushanam died and the 10'^ respondent Palakurthi Sree Krishna Murthy came on record as LR. The 2"^ respondent Ranganayakamma died and her daughter Rathnamala was added as 9'^ respondent though she died long time back. The 10‘h respondent filed C.M.P. No. 15662 of Prr]V Ct)''P'/) ■ hh Idur ^ p' H'^vi 0\l' .-S- (C.y4ntK ^ t - 1999 to delete the name of 9'^^ respondent Rathnamala as she was wrongly brought on record by Appellants and also filed C.M.P. No.24065 of 1999 to bring 10'^^ respondent as legal heir of deceased Ranganayakamma 2"^^ respondent and the same was allowed on 21.12.1999. In the said petition 10'^' respondent brought to the notice of this Hon’ble Court about execution of Will by 2 nd respondent in favour of R' respondent P.Nagabhushanam. The said Rathnamala was unmarried and she also died about 10 years back as such there are no surviving legal heirs either to Ranganayakamma or to Rathnamala. The Ranganayakamma executed a Will during her life time in favour of P.Nagabhushanam on 29.09.1986 after the decree dated 11.09.1986 in O.S.No.60 of 1985 bequeathing her entire half share in the plaint schedule in favour of P.Nagabhushanam and other properties apart from plaint schedule in favour of P.Ananta Venkata Satish, who is the son of 10'^ respondent, now came on record as 14^^ Respondent on the demise of lO^*^ Respondent. P.Nagabhushanam on attaining absolute right over the plaint schedule with his half share and half share bequeathed by Ranganayakamma, had executed a Will on 10.10.1994 bequeathing the plaint schedule in favour of 10**^ respondent who is none other than his P tijXuM Holier o I- V p" H AaVI KuiWXifJ \l' G-Jj-ni adopted son apart from other properties belonging to him in favour of the family members of 10'^ respondent. P.Nagabhushanam died on 14.10.1994. The A.S.No.2759 of 1986 was dismissed on 21.12.1999 confirming the judgment and decree in O.S.No.60 of 1985. Against the judgment and decree in A.S.No.2759 of 1986, the main contesting defendants and their LRs i.e., appellants 1 to 8 filed L.P.A.No.l of 2008 by showing respondents 3 to 8 tenants who are defendants 7, 12, 16 to 18 and 20 out of which Defendants 12 and 16 along with other Defendants remained exparte in suit and in preliminary decree dated 11.09.1986 only for Defendants 6, 7 and 12 appearance of Advocates is noted and all the Tenants/Defendants, who already suffered ejectment decree and remained unchallenged in A.S. No.2759 of 1986 which became final. As 4. stated supra, the entire plaint schedule property belongs to R-10 in LPA i.e., Palakurthi Sree Krishna Murthy and in the said LPA, the appellants sought for interim suspension of the judgment in A.S.No.2759 of 1986 confirming O.S. No.60 of 1985. The interim suspension was passed in No. 10 of 2008 by order dt.31.03.2008 by permitting the respondent No. 10 to withdraw half of the amount including interest C.M.P. on the amount lying to the credit of O.S.No.60 of 1985 by furnishing security Pm V P ClnA.* .4 1-^ t (pr ^ ^ V 'Ipyi Kuvuuxr V. ^' -9- and another half of the amount without furnishing security. In compliance of the said order, the respondent No. 10 P.Sree Krishna Murthy withdrawn half of the amount without furnishing security and the remaining half of the amount is still lying to the credit of O.S.No.60 of 1985. Now the LPA is pending for consideration. It is submitted that while the things stood thus, the contesting 5. Appellants have approached the 10^^ respondent during his life time for compromise. The Appellant No.8 has executed a General Power of Attorney on 19.07.2019 being validated by the District Registrar Krishna, Machihpatnam on 03.08.2019 including the power to compromise, the proceedings in L.P.A. No.l of 2008 in favour of his brother i.e., 6*^^ Appellant as he was residing m U.S.A. as such the 6'^^ Appellant is entering into compromise on behalf of 8'^ Appellant as G.P.A. holder. Both the parties have entered into compromise for settlement of disputed property as it is in dispute in the Court proceedings since about four decades and in such compromise, i.e., the main contesting appellants on one side and the 10*'^ respondent on the other side who have succeeded the entire suit schedule properties as stated supra have came to an understanding with their free will and consent to resolve the dispute as they are only competent by entering into compromise. .0 P 0^3' P' |4 KuvMA-n/ h ■ AsV^lpdTo. Nl -10- Unfortunately, the only contesting 10'^ Respondent P.Sree Krishna Murthy on entering with the same terms and conditions as stated in this Compromise Petition expired on 12.12.2021. Respondent came on record as legal heirs in I.A. No.3 of 2024 and they entering into this compromise with the same terms and conditions the lO'h Respondent wishes to enter into the The LRs of the 10^'^ are as compromise. Now the Appellants and the Respondents 11 to 14 are entering into this compromise with the following terms and conditions: a) The legal heir of P.Nagabhushanam (Original plaintiff) who is the lO'h respondent in LPA No. 1 of 2008 became the absolute with title basing on the Will executed by P.Nagabhushanam 10.10.1994, which includes the half share of Ranganayakamma owner on as she executed a Will in favour of P.Nagabhushanam 29.09.1986 after the decree in O.S.No.60 of 1985, dated 11.09.1986 and the 10'^ respondent have also received part of the amount l3dng into the credit of the suit under interim orders passed in L.P.A. 1 of 2008 on on 31.03.2008. The appellants agreed that the LRs of 10'^ respondent P.Sree Krishna Murthy came on record as Respondents 11 to 14 are entitled and shall be at liberty to withdraw the remaining amount lying to the credit of the suit O.S.No.60 of 1985 on the file of District Judge Court, Krishna, Machilipatnam without furnishing any security and the appellants have no claim for the same. However, the now ' ^ D 0 f' ttjUjJ] pcjU AJ-OU- • of'A p' H’9av\ Ruvwxf V\ - As N -11- Respondents 11 to 13 with their free will and consent agreed to relinquish their share of amount lying in O.S. No.60 of 1985 in favour of Respondent No. 14 namely: Ananta Venkata Satish Palakurty and he shall have absolute right to withdraw the entire amount and Respondents 11 to 13 have no claim for the amount whatsoever lying in O.S. No.60 of 1985. b) The LRs of lO'^' respondent P.Sree Krishna Murthy now came on record as Respondents 11 to 14 had agreed with free will and consent that out of 5 items shown in the plaint ‘A’ schedule property, they agreed to retain and hold items 1 and 5 of Plaint ‘A’ schedule properties i.e., House bearing No. 15/103 in an extent of 900 Sq.yards situated at Edepalli, Machilipatnam earlier in the occupation of 6'^ defendant, and Door No.15/137/1, 2. 3 and 15/139/2, 141/2, 140/1 and 3 and 138/1 in an extent of 800 Sq.yards situated at Edepalli, Machilipatnam in the occupation of defendants 9 to 20 and the appellants have agreed with their free will and consent that they will not have any claim whatsoever with respect to the above said 2 house properties in future and their successors or their heirs will not have any claim, as they entered into this compromise. The LRs of respondent No. 10 now came on record as Respondents 11 to 14 will be the absolute owners for the above said 2 house properties and have to pay taxes to the concerned departments in future and are liable to clear property tax or any other taxes and the appellants have no liability for I X f ola 1 ^ f 4 1+D Ide V P H '^viki r 0.- N -12- the same to clear of any dues or payments with respect to the above 2 house properties i.e., Items 1 and 5 of Plaint ‘A’ Schedule properties. However, the Respondents 11 to 13, who are mother and sisters of Respondent No. 14 namely Ananta Venkata Satish Palakurty with their free will and consent agreed to relinquish their entire share with absolute right, title and possession in favour of Respondent No. 14 namely: Ananta Venkata Satish Palakurty with respect to items 1 and 5 of Plaint Schedule properties mentioned above and Respondents 11 to 13 will not have any claim or right with respect to above items in future. The Respondents 12 and 13 in turn received good amount from Respondent No. 14 to relinquish their entire share. c) The LRs of 10'^ respondent i.e.. Respondents 11 to 14 have agreed to leave the items 2 and 3 of the plaint ‘A’ schedule properties i.e., House bearing No.26/374 m an extent of 450 Sq.yards situated at Buttaiahpet, Machilipatnam and House bearing No.26/355 in an extent of 250 Sq.yards situated at Ramanaidupet, Machilipatnam in favour of the appellants LPA and they will not have any claim whatsoever with respect to the above said 2 house properties in future and their successors or their heirs will not have any claim, as they entered into this compromise. The appellants will be the absolute owners for the above said 2 house properties and have to pay taxes to the concerned departments in future and are liable to clear dues of property tax or any other taxes and the LRs of respondent No. 10 in r CL. f \UujiM G-'P'A ■/-ft) / dar o f P' H ICuHixr'J \ Vi- ■ C. /IviTK -13^ i.e., Respondents 11 to 14 have no liability for the same to clear of any dues or payments with respect to the above 2 house properties i.e., Items 2 and 3 of the Plaint ‘A’ Schedule property. d) The House bearing Door No. 1 1/562, in an extent of 100 Sq.yards situated at Robertsonpet, Machilipatnam in the occupation of defendant i.e., Item No.4 of Plaint ‘A’ Schedule went for land acquisition during the course of the proceedings. The LRs of lO^*’ respondent i.e., Respondents 11 to 14 are entitled for half of the land acquisition compensation amount with respect to House bearing Door No. 11/562, in an extent of 100 Sq.yards situated at Robertsonpet, Machilipatnam earlier in the occupation of D' defendant at the time of initiation of land acquisition proceedings and if the said acquisition amount if lying in any court, the LRs of 10'^ respondent i.e., Respondents 11 to 14 are only entitled to withdraw half of the compensation amount and the Appellants are entitled to withdraw the remaining half of the compensation amount, which is lying in any court proceedings or before any concerned Departments. Both the parties have, agreed to incur equal expenses to be borne for initiation and withdrawal of the compensation amount. e) The defendants 6 to 20 in O.S.No.60 of 1985 on the file of District Judge Court, Krishna, Machilipatnam who are tenants in the premises were suffered a decree of ejectment along with CVv- ‘ P d ' fpo .1 cLtr ti p. u -T Or -14- D-1 to D-4 contesting appellants herein and the tenants did not prefer any appeal and D-1 to D-4 and their LRs who are appellants in A.S.No.2759 of 1986 and in further appeal LPA No. 1 of 2008 had formally shown only 6 tenants as respondents in LPA No.l of 2008 i.e. compromise they are not R-3 to R-8 and in the present necessary parties as the main appellants and LRs of R.IO P.Sree Krishna Murthy i.e., Respondents 11 to 14 have entered into this compromise by taking the plaint schedule properties mentioned under Clauses (b) and (c) with absolute right and title along with understanding under Clauses (a) and (d), but however, the decree of ejection is in force against the tenants or anybody wbo is continuing there as tenants or as trespassers in the plaint schedule properties and necessary action if necessary will be initiated by the appellants and LRs of respondent No. 10 P.Sree Krishna Murthy i.e.. Respondents 11 to 14 to take possession of the properties which was allotted to them under clause (b) and (c) under this compromise. Further both the parties under this Compromise agreed that they will come forward for £my affidavits or relevant papers/representations to be filed with their consent signatures before any Courts or Departments/ Authorities for implementation of this Compromise terms and conditions. f) Both the parties under the compromise have entered into this compromise with their free will and consent and further agreed that they will not have any claim whatsoever and any liability D■IS p H •'Rdvi' -15- whatsoever apart from the properties allotted to them under th compromise under (a), (b), (c) and (d) immovable is Further any movable or properties if any existing in the name of late P.Nagabhushanam will devolve only Respondent i.e., the legal heirs of the lO'^^ on Respondents 1 1 to 14 and the Appellants agreed that they shall not claim have any properties left by late P.Nagabhushanam either movable or immovable, except the properties shown in Clause (c) of this Compromise condition accepted Deed and as in Clause (d). However, the Respondents 11 to 13 with their free entire share for any movable and and consent agreed to relinquish their immovable w properties if any me of late P.Nagabhushanam found and existing m the favour of Respondent No. 14 na in mely; Ananta Venkata Satish Palakurty and they agreed that Respondents 11 to 13 will have any claim or right on the said na not properties standing in the (Original Plaintiff] and the absolute right and title. name of late P.Nagabhushanam Respondent No. 14 will have the g) Both the Appellants and Respondents 10 to 14 have no interest on Item B of Plaint Schedule, the debts to be agreed that they as they are only promissory notes amounts are as such agreed to leave Plaint ‘B' Schedule pressing further for recovery. recovered from third parties in favour of late P.Jagannadh on Rao and those meager as on date properties without Palakurty Mohand '■ Venkata Satyanarayana Murty, 1. S/o. P.Sree Ramul u s' HA ■\C\ a P 2. P.DrWsh^ani, W/o. Late Palakurthi Poornacha Murahkrishna Prasad ndra a ; Jc s f . /A A- /j ^ . JU ■ phjtKz Ph ■a I p. (xt- d >2 -16- ^-/ Ho-l^ Late Palakurthi Poornachandra 3. P.S-R Manoj, S/o Muraliknshna Prasad, 4. P.Hansh Kumar, S/o. Late Palakurthi Poornachandra Muralikrishna Prasad, ^ (^C. p h P'M Late Palakurthi Poornachandra 5. P.H. Ravi Kumar Muralikrishna Prasad appellants THE APPELLANTS COUNSEL VcJU ® ’ 11. Durga Bhavani Palakurty, W/o. Sree Krishna Murty Palakurty, Latha Madupalli, W/o. Sreedhar Madupalli. 12. Asha C./lTh 13. Anita Gurram, W/o. Sridhar Babu, \n» 14. Ananta Venkata Satish Palakurty, S/o. Sree Krishna Murthy Palakurty RESPONDENTS COUNSEL FOR THE RESPONDENTS R-1 1 TO 14