Extracted from the PDF above. The PDF is authoritative.
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APHC010618002014
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY, THE 1st DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI I.A.No.1 of 2026 In/And APPEAL SUIT NO: 104 OF 2014 Between:
1. Samanthapudi Rangaraju, S/o Suryanarayana Raju, Hindu, Occ:- Cultivation, Irrikivari Veedhi, Rajulapeta, Bhimavaram-2, W.G.Dist
2. Samanthapudi Latha, w/o Ranga Raju, Hindu, Irrikivari Veedhi, Rajulapeta, Bhimavaram-2, W.G.Dist
3. Gottumukkala Padmavathi, w/o Rama Raju, Hindu, Occ:- Housewife, Irrikivari Veedhi, Rajulapeta, Bhimavaram-2, W.G.Dist ...Petitioners AND
1. Jakkampudi Vidyavathi, w/o Suryanarayana, Hindu, Occ:- Housewife, Balusumudi, Bhimavram Mandal, W.G.Dist
2. Maddala Indira, W/o Nageswrara Rao, (R-2 is not necessary party) ...Respondents Counsel for the Petitioners: G U R C PRASAD Counsel for the Respondents: TURAGA SAI SURYA Counsel for the Respondents:K V L NARASIMHA RAO
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APPEAL SUIT NO: 1028 OF 2013 Between:
1. MADDALA INDIRA, W/o.Nageswara Rao, Hindu, Occ:Housewife R/o.D.No.27-M-55-25/2 ASR Nagar, Bhimavaram West Godavari District. ...Petitioner AND
1. JAKKAMPUDI VIDHYAVATHI 3 OTHERS, W/o.Surayanrayana, Hindu, Occ:Housewife, R/o.Balusumudi Village Bhimavaram Mandal, W.G. District
2. Samanthapudi Ranga Raju, S/o.Suryanarayana Raju, Hindu Occ:Cultivation R/o.Irrinkivari Veedhi Rajulapeta, Bhimavaram W.G.District. 3. Sarnanthapudi Lalitha, W/o.Ranga Raju, Hindu, Occ:Housewife, R/o.Irrnkivari Veedhi Rajulapeta, Bhimavaram W.G.District. 4. Gottumukkala Padmavathi, W/o.Rama Raju, Hindu, Occ:Housewife, R/o.Irrinkivari Veedhi Rajulapeta, Bhimavaram W.G.District. ...Respondents Counsel for the Petitioner: TURAGA SAI SURYA Counsel for the Respondents: K V L NARASIMHA RAO
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THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI I.A.No.1 of 2026 In/And APPEAL SUIT NO: 104 OF 2014 And APPEAL SUIT NO: 1028 OF 2013
COMMON ORDER:
A.S.No.104 of 2014 is filed by the appellants/defendants, who are father, mother and sister of 1st respondent/plaintiff. 2nd respondent/ 4th defendant is the purchase of property covered by Item No.7 of the suit schedule property. 2. A.S.No.1028 of 2013 was filed by 4th defendant / purchaser against 1st respondent/ plaintiff and other defendants, who are respondent Nos.1 to 3 herein. 3. During the pendency of appeals, appellant Nos.1 and 2 in A.S. No.104 of 2014 died. A memo was filed bringing to the notice of this Court that appellant No.3 and respondent No.1 in A.S. No.104 of 2014 are the only legal heirs of deceased appellant Nos.1 and 2 and are already on record. None of the learned counsel appearing for parties raised any objection in that regard. 4.
Now, I.A. No.1 of 2026 has been filed in A.S. No.104 of 2014, wherein a Memorandum of Understanding was annexed stating that, with the intervention of elders, parties have arrived at a settlement. As per the
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settlement, Item Nos.1 to 5 of the suit schedule property have been relinquished in favour of defendant No.3 (Smt. Gottumukkala Padmavathi), Item No.6 of the suit schedule property has been apportioned equally between appellant No.3 and respondent No.1/plaintiff and in respect of Item No.7 of the suit schedule property, both parties have agreed that the same was sold in favour of the appellant in A.S. No.1028 of 2013 and that appellant No.3 and respondent No.1, i.e., defendant No.3 and plaintiff, have no objection to such sale in favour of respondent No.2, i.e., appellant in A.S. No.1028 of 2013 and have expressed their consent for allowing the appeal filed by the 2nd respondent herein, who is the appellant in A.S. No.1028 of 2013, and for granting a decree in favour of her in respect of Item No.7 of the suit schedule property. 5. All the parties appeared in person before this Court and they were identified by their respective counsels. The parties have requested this Court that the suit be decreed in terms of the compromise. The terms of compromise are extracted hereunder: 1.It is submitted that on the intervention of the elders in the family, the Petitioner/3rd Appellant/3rd defendant on one hand and the respondent/plaintiff on the other agreed to the following terms and conditions and entered into a compromise for the purpose of passing a compromise decree in the above Appeal in terms of the following terms and conditions: (i) In terms of this Memorandum of Understanding, it is agreed between the Petitioner/3rd Appellant/3rd defendant on one hand and the respondent/plaintiff on the other that the Respondent/Plaintiff shall relinquish all her rights in plaint schedule items-1 to 5 and 7 in favour of the petitioner/3rd defendant/3rd appellant.
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(ii). In further terms of this Memorandum of Understanding, it is agreed between both the Petitioner/3rd Appellant/3rd defendant on one hand and the respondent/plaintiff on the other, to partition Item-6 of Plaint Schedule admeasuring the total extent of Ac.0.11 cents situated in R.S.No:260/1 of A.P.H.B Colony, Bhimavaram Municipal Limits. (iii)It is further agreed that subject to the above condition No:(ii), it is agreed that the Petitioner/3rd Appellant/3rd defendant agreed to register the settlement deed in respect of half share in Item-6 of Plaint Schedule admeasuring the total extent of Ac.0.11 cents situated in R.S.No:260/1 of A.P.H.B Colony in favour of the 1st respondent/plaintiff towards the full and final settlement of her suit claim in O.S.No:165/2006 on the file of the Court of III Addl District Judge, (Fast Track Court) Bhimavaram. (iv) It is further agreed that the petitioner/3rd Appellant/3rd defendant agreed to execute a Registered settlement deed for an extent of Ac.0.05½ cents (which is bounded by South remaining Ac.0.05 ½ cents of 1st party/3rd defendant; East:compound wall; North: Site of others and West: Mud Road situated in R.S.No:260/1 (Item-6 of Plaint Schedule) of A.P.H.B Colony, Bhimavaram in favour of the 1st respondent/plaintiff after passing of the Compromise decree in A.S.No: 104/2014 on the file of the Hon'ble High Court of Andhra Pradesh at Amaravathi, and in turn, the 1st respondent/plaintiff agreed to bear all the expenditure with regard to the Registered Settlement Deed to be executed in her favour by the petitioner/3rd Appellant/3rd defendant. (v) Both the parties hereby agreed that the decree of compromise shall attain its finality subject to the registration of the Settlement Deed to be executed by the petitioner/3rd Appellant/3rd defendant in favour of the 1st respondent/Plaintiff as stipulated in above condition No:iv. (vi) The petitioner/3rd Appellant/3rd defendant hereby agreed that the 1st respondent/plaintiff is in no way connected with the sale transaction entered into, with the 2nd respondent-Maddala Indira in A.S.104/2014 and thereby, the petitioner/3rd Appellant/3rd defendant agreed to take the responsibility with regard to the said sale transaction. (vii) It is further agreed that compromise coupled with this Memorandum of Understanding is entered into by both petitioner/3rd Appellant/3rd defendant on one hand and the 1" respondent/plaintiff on the other voluntarily and without any threat or coercion.
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(viii) It is further agreed that the 1st respondent/plaintiff agreed to attend before the Hon'ble High Court along with the petitioner/3rd appellant/3rd defendant for the purpose of recording the compromise in the above appeal. (ix) It is further agreed to treat this Memorandum of Understanding as part and parcel of the Judicial proceedings in question. (x) It is further agreed between both the petitioner/3rd Appellant/3rd defendant on one hand and the 1st respondent/plaintiff on the other, to cooperate with each other to attend the Hon'ble High Court in A.S.104/2014 for the purpose of recording the compromise in consonance with this Memorandum of Understanding. (XI)It is further agreed that in case of any deviation or violation of any of the above conditions by any parties, the erring party is liable for both civil and criminal liability. (XII) Third petitioner and 1st respondent have absolutely no objection to declare the 2nd respondent as owner and possessor of the property and they have relinquished all their rights in respect of item 7 schedule property in favour of 2nd respondent in the appeal. We have no objection to allow A.S.No.1028/2013 and grant decree in favour of 2nd respondent in her land scheduled in A.S.No.1028/2013. 6. In view of the compromise entered into between the parties, the judgment and decree dated 22.08.2013 passed in O.S. No.165 of 2006 on the file of the learned III Additional District Judge, Bhimavaram, is hereby modified in terms of the Memorandum of Understanding dated 06.09.2026, which is made part of the record. Consequently, Item Nos.1 to 5 of the suit schedule property shall belong to appellant No.3 in A.S. No.104 of 2014; Item No.6 of the suit schedule property shall stand apportioned between appellant No.3 and respondent No.1 in A.S. No.104 of 2014; and Item No.7 of the suit schedule property shall belong to the 2nd respondent/purchaser in A.S.
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No.104 of 2014 in view of the purchase made under registered sale deed dated 18.09.2010, bearing Document No.3545 of 2010. 7. Accordingly, I. I.A.No.1 of 2026 is allowed. Consequently, A.S.No.104 of 2014 is allowed as indicated above. II.
A.S.No.1028 of 2013 is allowed. As a sequel, miscellaneous applications, pending, if any, shall stand closed. __________________________
JUSTICE BALAJI MEDAMALLI Date: 01.10.2026 Dvs
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THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI
I.A.No.1 of 2026 In/And APPEAL SUIT NO: 104 OF 2014 And APPEAL SUIT NO: 1028 OF 2013 Date: 01.10.2026 Dvs