fi IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE TWENTY SEVENTH DAY OF MARC>i^fJ^-5§S TWO THOUSAND AND TWENTY FIVE y -O' SI ?3 CX PRESENT THE HONOURABLE SRI JUSTICE V. SRINIVAS CMSA NO: 33 OF 2012 & A.S. No.590 of 2012 CIVIL MISCELLANEOUS SECOND APPEAL NO: 33 OF 2012 Between: Cherukuri Satyavathi, W/o. Prasada Raju, aged 54 years, Housewife, Flat No. 202, Orchid Villa Apartments, 104, Siddhardha Nagar Hyderabad. ...Petitioner/Appellant/Respondent No.1/Respondent No.1 AND 1. Pothamsetti Sujatha Rani, W/o. Srinivasa Reddy, R/o. D.No. 1-362/1 Musala Ramalayam, Street, Ravulapalem, Kothapeta 2. Pothamsetti Srinivasa Reddy, S/o. Sitha Reddy, R/o. D.No. 1-362/1 Musala Ramalayam, Street, Ravulapalem, Kothapeta. ...Respondents/Appellants/Petitioners 3. Chundi Venkata Ramana Murthy, S/o. Late Venkateswara Rao, Govt. Employee, R/o. Quarter No. 2D, Street No. 8-A, Sector 10, Bhilai 4. Addanki Venkata Satya Ravi Kumar, S/o. Siva Ramakrishna Rao, Director, Softward Company, D.No. 5-84, Bhavani Nagar, Dilsukh Nagar, Hyderabad - 500 060 ...Respondents/Respondents 2 & 3/Respondents 2 & 3 : #■ .?• •• , ^ /Apipeal Linder Section 100 of C.P.C against the Decree of the Court of •r* the l Additional District Judge, Rajahmundry. In A.S.No.20 of 2011 Dated 19.01.2012 preferred against the Decree of the Court of the Principal Senior Civil Judge, Rajahmundry. In I.P.No.33 of 2007 Dated 10.12.2010. This Civil Miscellaneous Second Appeal coming on for hearing, upon perusing the grounds of Appeal, the Judgments and Decree of the Lower Appellant Court ad the Court of the First instance and the material papers in the suit ad upon hearing the arguments of Sri Venkat Challa, Advocate for the Appellant and of Sri Srinivas Basava, Advocate fro the Respondents 1 & 2. APPEAL SUIT NO: 590 OF 2012 Between: Cherukuri Satyavathi, W/o. Prasada Raju, aged 54 years. Housewife, Flat No. 202, Orchid Villa Apartments, 104, Siddhardha Nagar Hyderabad. ...Appellant/Defendant AND Pothamsetti Sujatha Rani, W/o. Srinivasa Reddy, aged 42 years, R/o. D.No. 1-362/1, Musala Ramalayam, Street, Ravulapalem, East Godavari District. ...Respondent/Plaintiff Appeal under Section 96 of C.P.C against the Judgment and Decree of the Court of the I Additional Senior Civil Judge, Rajahmundry. In Original Suit No.315 of 2007. The Appeal coming on for hearing, upon perusing the Memorandum 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 Venkat Challa Advocate for the Appellant and of Sri Srinivas Basava, Advocate for the Respondent. The Court doth Order and Decree as follows: 1. That the Civil Miscellaneous Second Appeal No.33 of 2012 and the Appeal Suit o.590 of 2012 be and are hereby allowed in view of the Compromise. The Judgment Dated 19.01.2012 passed in A.S.No.20 of 2011 on the file of the Court of I Additional District Judge, East Godavari at Rajahmundry and the Judgment Dated 25.04.2012 passed in O.S.No.315 of 2007 on the file of the Court of I Additional Senior Civil Judge, Rajahmundry are hereby set aside. That there be no order as to costs in these Appeals. 2. 3. Sd/- E KAMESWARA RAO JOINT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The I Additional District Judge, Rajahmundry, East Godavari District, (with records if any) 2. The Principal Senior Civil Judge, Rajahmundry, East Godavari District. 3. The I Additional Senior Civil Judge, Rajahmundry, East Godavari District. 4. Three CD Copies vna HIGH COURT DATED:27/03/2025 DECREE CIVISA.No.aa of 2012 & A.S.No. 590 of 2012 6^ ‘it ALLOWING THE APPEALS IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI THURSDAY ,THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. SRINIVAS CMSA NO: 33 OF 2012 & A.S. No.590 of 2012 CIVIL MISCELLANEOUS SECOND APPEAL NO: 33 OF 2012 Appeal under Section 100 of C.P.C against the Judgment and Decree dated 19.01.2012 made in A.S.No.20 of 2011 on the file of the Court of the I Additional District Judge, Rajahmundry. Between: Cherukuri Satyavathi, W/o. Prasada Raju, aged 54 years, Housewife, Flat No. 202, Orchid Villa Apartments, 104, Siddhardha Nagar Hyderabad. ...Petitioner/Appellant/Respondent No.1/Respondent No.1 AND 1. Pothamsetti Sujatha Rani, W/o. Srinivasa Reddy, R/o. D.No. 1-362/1 Musala Ramalayam, Street, Ravulapalem, Kothapeta 2. Pothamsetti Srinivasa Reddy, S/o. Sitha Reddy, R/o. D.No. 1-362/1, Musala Ramalayam, Street, Ravulapalem, Kothapeta. ...Respondents/Appellants/Petitioners 3. Chundi Venkata Ramana Murthy, S/o. Late Venkateswara Rao, Govt. Employee, R/o. Quarter No. 2D, Street No. 8-A, Sector 10, Bhilai 4. Addanki Venkata Satya Ravi Kumar, S/o. Siva Ramakrishna Rao, Director, Softward Company, D.No. 5-84, Bhavani Nagar, Dilsukh Nagar, Hyderabad - 500 060 ...Respondents/Respondents 2 & 3/Respondents 2 & 3 Counsel for the Appellant: SRI. VENKAT CHALLA Counsel for the Respondents No.1 &2: SRI SRINIVAS BASAVA Counsel for the Respondents: SRI SRINIVAS REDDY S APPEAL SUIT NO: 590 OF 2012 Appeal under Section 96 of C.P.C against the Judgment and Decree dated 25.04.2012 made in O.S.No.315 of 2007 on the file of the Court of the I Additional Senior Civil Judge, Rajahmundry. Between: Cherukuri Satyavathi, W/o. Prasada Raju, aged 54 years. Housewife, Flat No. 202, Orchid Villa Apartments, 104, Siddhardha Nagar Hyderabad. ...Appellant/Defendant AND Pothamsetti Sujatha Rani, W/o. Srinivasa Reddy, aged 42 years, R/o. D.No. 1-362/1, Musala Ramalayam, Street, Ravulapalem, East Godavari District. ...Respondent/Plaintiff Counsel for the Appellant: SRI. VENKAT CHALLA Counsel for the Respondents: SRINIVAS BASAVA The Court made the following Common Judgment: HON'BLE SRI JUSTICE V.SRINIVAS ciyujyuscELLMioys^sgi^^^^^ j^lllT No.590 of 2012 THE r.nMMQN JUDGMENT: Second Appeal No.33 of 2012 was The Civil Miscellaneous Judgment and Decree, dated A.S.No.20 of 2011 on the file of the Court of East Godavari District at filed by the appellant against the 19.01.2012 passed in 1 Additional District Judge learned Rajahmundry in reversing 10.12.2010 in l.P.No.33 of 2007 on and Order, dated the Decree the file of the Principal Senior whereas Appeal Suit No.590 of and Decree, dated Civil Judge, Rajahmundry, and filed against the Judgment O.S.No.315 of 2007 on the file of the Court 2012 was 25.04.2012 passed in Additional Senior Civil Judge, Rajahmundry. Heard Sri R Rajkurpar, learned counsel representing for the appellant and of learned 1 2. Challa, learned counsel Sri Venkat counsel representing Sri Srinivas Sri S. Kartheek, learned counsel for the Respondent Nos.1 and 2. Basava, learned On 19'.02.2025, this Court made the following the order; 3. Cherukuri Satyavathi. SmJ. Pothsmsetti Snnivdss Reddy Demand Draft Smt. U II Sujatha Rani, and Sri . - x ann^arpd online and submitted that a ^ i \ fD D) for ^15 00,000/- (Rupees Fifteen Lakhs Only) had been received towards full and final of the claim in O.S.No.315 of 2007 on the file of the j V -'v-irv?- 2 Court of the learned I Additional Senior Civil Jurine Rajahm undry. Civil Judge, Smt. Pothamsetti Sujatha Rani andSri Pothamsetti fflf 5/^ ^ ° S.No.315 of 2007 on the Civiu,!dL^°R'* 5 ' ^‘^^itionai Senior against which A S 590 of fn pZ sTXoj^'Z '"’f il ^ Of the Court of the learned Principal Senior Civil Judge. RajaLVd^ clZ Of T ^ on tpJZ oflhZ Court of learned I Additional District Judae Rajahrnundry against which C.M.SA No 33 of 2012 was filed before this Court Thev the suit . ogreed to dismiss as well as the Insolvency petition recording the settlement. ^ ^ " by The learned counsels for Ch. Satyavathi and the learned counsel for R Sujatha Rani and Pothamsetti Srinivasa Reddy are present and identified them Howeve,r since the parties could not identify thZ CouTthfr ^O'^Promiso memo filed before this Court, the learned counsels requested to permit the parties to appear before the District Legal Services Authonty Rajamahendravaram as Ch Sathyavathi Zf7 sZfi" % r “e transfers of property in favour of Chundi Venkata CmaZ Znn respondent in PPPi^Pro^s^anl rTZeededZZr seZmeZZ ^^PiPlry « directed to dated Is/l onJd'fJl compromise lette,r dated 18.11.2024 filed on 29.11.2024 2) Coov of appeal in C.M.SA.No.33 of 2012 3) Copy 77 -— |„„„ cause title) to the District Leant Services Authorit.y Rajamahendravaram thZjgil 3 Principal District Judge, Rajahmundry, East Godavari District to record settlement being voluntarily made between the parties by duly identifying their signatures on the compromise memo and return the files to this Court through special messenger for passing final order. All the parties concerned shall appear before the District Legal Services Authority on 03.03.2025. ” Subsequent to the above order, the appellant by name Cherukuri Satyavathi (defendant) and the respondent/plaintiff by name Pothamsetti Sujatha Rani appeared before the District Legal Services Authority, East Godavari District at Rajahmundry and they confirmed the transaction of Rs. 15,00,000/- (Rupees Fifteen Lakhs Only) by way of demand draft and both the parties identified their respective signatures on joint memo, dated 18.11.2024 and the Secretary, District Legal Services Authority, East Godavari at Rajahmundry submitted a report, dated 21.03.2025 to that effect, in pursuance of the direction of this 4. Court, dated 19.02.2025. In view of the compromise arrived at and as the creditor Pothamsetti Sujatha Rani herself affirmed the receipt of an amount of Rs. 15,00,000/- (Rupees Fifteen Lakhs Only) by way of demand draft towards full and final settlement as claimed in 5. O.S.No.315 of 2007 as well in I.P.No.33 of 2007 and also in view of the joint memo, this Court deems it appropriate to allow the 4 % Civil Miscellaneous Second Appeal No. Suit No.590 of 2012 by placing memo of compromise. 33 of 2012 as well Appeal on record by way of the joint 6. Today, When the matter is taken up for hearing, both the learned counsel appeared before factum of compromise being arrived at between In view of the compromise, both Miscellaneous Second Appeal No.33 this Court and confirms the both the parties. 7. the appeals i.e., Civil of 2012 and Appeal Suit No.590 of 2012 are allowed, setting aside the Judgment, dated 19.01.2012 passed in A.S.No.20 of 2011 on the file of the Court of at Rajahmundry passed in O.S.No.315 of learned I Additional District Judge, East Godavari as well the Judgment, dated 25.04.2012 2007 on the file of the Court of learned I Additional Senior Civil Judge, Rajahmundry. Registry is directed to append the joint memo to this Common Judgment. There shall be no order as to costs. As a sequel, miscellaneous applications shall stand closed. pending, if any. Sd/- E KAMESWARA RAO JOINT REGISTRAR S' //TRUE COPY// SECTION OFFICER To, East Godavari District. Additional District Judge, Rajahmundry 1. The I (with records if any) Civil Judge, Rajahmundry, East Godavari District. , East Godavari 2. The Principal Senior Additional Senior Civil Judge, Rajahmundry 3. The I District. . Venkat Challa, Advocate [OPUC] 4. One CC to Sri •V- 4/ ■- 5. One CC to Sri. Srinivas Basava, Advocate [OPUC] 6. One CC to Sri. S Srinivas Reddy, Advocate [OPUC] 7. Three CD Copies vna HIGH COURT DATED;27/03/2025 COMMON JUDGMENT CMSA.No.33 of 2012 & A.S.No. 590 of 2012 I 19 JUN 2025 I ALLOWING THE APPEALS