1 APHC010073422004 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V SRINIVAS LANoJof2025 in/and SECOND APPEAL No.621 of 2004 SECOND APPEAL No.621 of 2004 Appeal under Section 100 of C.P.C, against the Judgment and decree dated 01-05-2004 in A. S. No.52/2002 on the file of the IV Additional District Judge, Nellore, confirming the judgment and Decree dated 22-02-2002 in O.S.No.216/92 on the file of the Court of the Senior Civil Judge, Kovur & Nellore, Nellore District. Between: 1. Patan Masthan Khan (died per LRs 2 to 7), 2. Smt. Shaik Karemunnisa Begum, W/o. Ahamad Shariff, aged 38 R/o.D.No.17-1-603, Chakali Street, Nellore. 3. Kumari Pattan Khadrunisa, D/o. Late Pattan Masthan Khan, aged 28 years, R/o.D.No. 17-1-603, Chakali Street, Nellore. 4. K. Gaffar Basha, S/o. Khajamiah, Aged 50 years, R/o. H.No.7/62C, Darga Veedhi, Kamalapuram Village, Kadapa District. 5. K. Eshaq, S/o. K. Gaffar Basha, Aged 17 years, R/o. H.No.7/62C, Darga Veedhi, Kamalapuram Village, Kadapa District. 6. Kumari K. Noorjahan, D/o. K. Gaffar Basha, Aged 14 years, R/o. H.No. 7/62C, Darga Veedhi, Kamalapuram Village, Kadapa District. years / 7. Kumari K. Farheen, D/o. K. Gaffar Basha, Aged 12 years, R/o. H.No. 7/62C, Darga Veedhi, Kamalapuram Village, Kadapa District. (Appellants 2 to 7 are brought on record as LRs of the deceased sole appellant as per order of the Hon'ble Court in SAMP No.2586 of 2013, dated 6.11.2014) (Declaring the appellant nos. 5 to 7 herein as majors and the guardian stands discharged, as per court order dated 29-07-2025 vide I.A.No.1 of 2025) ...Petitioners AND 1. Patan Ghouse Khan, (died per LRs), ... Respondent/Respondent/Plaintiff 2. Kamakshi Steels, represented by its Managing Partner Sri K.Ramana Reddy, and it is situated at 16/1, Trunk Road, Nellore. (Respondent No.2 is set exparte in the suit as well as in the appeal no appearance was entered) as ...Respondent/Respondent/2"'' Defendant 3. P Ali Nawaz Khan, S/o Late P. Ghouse Khan, Aged about 39 years, Occ; Private Employee, R/o.D.No.21-2-11, Janda Street, Nellore District, Andhra Pradesh. 4. P Mohammed Nawaz Khan, S/o.Late P. Ghouse Khan, Aged about 40 years, Occ: Business, R/o.D.No.21-6-129, Janda Street, Nellore District, Andhra Pradesh. 5. Syed Faizun, W/o Late Syed Ayub, Aged about 45 years. Housewife R/o.Sivagiri Colony, Mini Bypass Road, Nellore, Andhra Pradesh. 6. P Gowhar Begum, W/o.Late Md. Shanawaz, Aged about 43 years. Housewife, R/o.D.No.25-3-753, 8^^ Street, Netaji Nagar, Podakakur Road, Nellore, Andhra Pradesh. % (As per the Court order dated 24-01-2023, Respondents No,3 to 6 are brought on record as LRs of deceased Respondent No. 1 vide of 2022 in S.A.No.621 of 2004) I.A No.4 ...Respondents lA NO: 1 OF 2004fSAMP 11448 OF 2004) Petition under 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 to suspend the operation of judgment and preliminary decree dated 22.2.2002 in O.S.No.216/92 Kovvur & Nellore, Nellore District. on the file of the court of the Senior Civil Judge, lA NO: 2 OF 2n2fi Petition under 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 permitting the Petitioners and Respondents No.3 to 6 to jointly share the ownership also share the past and future property taxes and electricity bills equally with respect to the paint schedule proper as described in O.S.No.216 of 1992 on the file of Additional Senior Civil Judge, Nellore. Counsel for the Appellants : Sri Karri Muraii Krishna Counsel for Respondent Nos.3 to 6: Sri Shaik Afzal Mohammed The Court made the following order: THE HON'BLE SRI JUSTICE V.SRINIVAS I.A.N0.2 OF 2025 IN/AND SECOND APPEAL SUIT No.621 of 2004 COMMON JUDGMENT; Both the parties i.e., appellants as well respondents jointly filed the I.A.No.2 of 2025 under Order 23 Rule 3 of C.P.C. to record the joint compromise memo, which is filed along with this application, and to pass a decree in terms of compromise as mentioned in the said joint compromise memo. 2. Both parties present before the Court, they admitted the terms of compromise mentioned in the said joint compromise memo as true and correct and gave consent to record the same. Both the parties have filed their photostate-copy of Aadhaar card and they were identified by their respective learned counsel. 3. 4. Pursuant to the above, I.A.No.2 of 2025 is ordered by recording compromise between the parties as per the terms of compromise mentioned in the joint compromise memo, which 2 shall be part and parcel of the decree and judgment in the present Second Appeal No.621 of 2004. 5. Since the joint compromise the parties and in memo is accepted by both of the above circumstances, the appeal in S.A.No.621 of 2004 is disposed of by granting a decree in-terms of compromise arrived LA.No.2 of 2025. There shall be view mentioned at no order as to costs. Interim orders granted earlier if Miscellaneous applications pending if any, stand vacated. any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR i //TRUE COPY// SECTION OFFICER 1. The IV Additional District Judge, Neiiore. Neliore District (with If any) 2. The Civil Judge (Senior Division), i 3. One CC to Sri Karri Murali Krishna 4. One CC to Sri Shaik Afzal Mohammed 5. The Section Officer, Amaravathi. (to dispatch the 6. Two CD Copies i' • To records Kovur & Neliore, Neliore District. I. Advocate [OPUC] Advocate [OPUC] VR Section, High Court of Andhra Pradesh at trial court records) TK sree •along with the Joint Compromise S.A.No.621 of 2004 Memo in I.A.No.2 of 2025 iin HIGH COURT DATED:29/07/2025 ) JUDGMENT + DECREE I.A.No.2 of 2025 in/and SA No.621 of 2004 o: . 1 1 AUG 2025 > ORDERING THE I.A.No.2 of 2025 and DISPOSING OF THE SECOND APPEAL JOINT COMPROMISE MEMO FILED BY THE APPELLANTS AND THE RESPONDNETS 1. That the aforementioned Appeal suit is filed aggrieved by thp Decree and judgement dated 22.02.2002 passed in O.S. No. 216 of 1992 on the file of Additional Senior Civil Judge, Nellore. It is submitted that the Original Suit vide O.S.No.216 of 1992 was instituted by the respondent no. 1 herein seeking division of plaint schedule property into two equal halves or to partition the same and other reliefs. The Hon’ble Court was pleased tp decree the suit by an Order dated 22.02.2002. 2. It is submitted that aggrieved by the passing if the preliminary decree dated 22.02.2002, the appellant No.1 herein/Defendant no.1 filed the First Appeal vide A.S.No.52/2002 before the Hon’ble Court of the IV Additional District Judge, Nellore. The Hon’ble Court was by an Judgment dated 01.05.2004 dismissed the Appeal. Aggrieved by the same the present Second Appeal is filed before this Hon’ble Court. After filing of this Second Appeal, the sole plaintiff/ Respondent No.1 died and his Legal Representatives were brought on record as Respondent No.3 to 6 and the Legal Representatives of Defendant No.1/ Appellant were brought on record as Appellant No.2 to 7. 3. It is further submitted that after the above appeal suit, the appellants herein and the respondents herein entered into compromise with the intervention of elders and both the parties undertook that they will cooperate with each other on the following terms mentioned as under. It is submitted that both parties agreed to settle the matter to avoid prolonged litigation and promote goodwill. Schedule Property: Site Area boundaries: East ; Compound Wall, Plots No.19 & 24 South: Kotha Road West : Trunk Road North ; Site of Vedicherla Kowsalyamma 19 Ankanams, Ward No.16, Door No.344B comprising 0^ Terms of Compromise I- That the suit schedule are as follows; property shall be divided into equal shares and the same shall be divided as follows: That the southern half hereby allotted into equal shares I. portion of the plaint schedule property is to the Appellant No.2 to 7 as they are the legal representatives of deceased Appellant no.1 and have irghts, title, no.1/ Defendant respective and possession of their shares; That the above said southern half portion is bounded on the Compound wall adjoining plots No. Kotha Road Trunk Road East 19 and 24 South West North Boundary separating it from the northern (Respondents/ Plaintiff Side) of the portion property. That the northern half III. portion of the plaint schedule property is hereby allotted into the equal shares to the Respondent No.3 to 6 as they are the legal representatives Defendant of deceased Respondent no.1/ and possession of their no.1 and have rights, title. respective shares; That the above said northern half portion Compound wall adjoining p.'ots No. Boundary separating it from the southern (Appellants/Defendant No.1 Side) of the Trunk Road Vedicherla Kowsalyamma Site. That the taxes (Property Tax Number; (Electricity Service Number: to 2025 will be shared equally payments if applicable in future; IV is bounded on the 19 and 24 portion property. East South : West North 1031018197) and electricity bill 3313408023848) payments made from 1992 and agree to continue sharing any such That the 2"“^ Respondent, Kamakshi Steels, was set ex-parte in the appeal, and no appearance was made on his behalf in the second appeal. The 2"'* Respondent is merely a tenant and has not asserted any right or claim over the property in dispute. Therefore, the 2"^' Respondent is not a necessary party to the proceedings and does not possess any independent right in the property; IV. That each party shall bear their respective costs. 4. That both the appellants and respondents herein consented and agreed for the above terms with free will and there is no coercion or force on either of the parties and each of parties will not claim against each other in future. 5. It humbly submitted that, in view of the settlement arrived between the Appellants and Respondents, it is prayed that this Hon’ble court may be pleased to allow the Second Appeal in terms of the compromise by setting aside the Decree and Judgement dated 22.02.2002 passed in O.S.No.216 of 1992 on the file of Additional Senior Civil Judge, Nellore and the Decree and Judgment dated 01.05.2004 in A.S No.52 of 2002 on the file of the Hon’ble IV Additional District Judge, Nellore. Hence, it is humbly prayed that this Hon’ble Court may be pleased to allow the Second Appeal vide S.A.No.621 of 2004 in terms of compromise stated supra and pass such other order or orders as it may deeme fit and proper in the circumstances of the case. (Appellant No. 2) 3K.1 J\ (Respondent No.3) (Appellant No. 3) KkadufCU VilUsP-v (Respondent No.4) (Appellant No. 5) C - > ■R.h 'x., 1^'-^-001^2- rp HokmA ^(Respondent No.5) S'S (Appellant No. 4) (Respondent No.6) (Appellant No. 6) -UW\ (Appellant No. 7) U-. Counsel for the Respondents Cour^f^Wie Appellants