HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY APPEAL SUIT No. 2848 of 1996 Dated: 08.07.2014 Between:
Boddapati Venkata Rao and two others …..Appellants And Boddapati Hari Krishna ....Respondent The Court made the following :
HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY APPEAL SUIT No. 2848 of 1996 JUDGMENT Learned counsel for the respondent represented that during pendency of the appeal, the parties to the appeal entered into compromise before the trial Court and filed a compromise petition in the final decree petition in I.A.No.1771 of 1997 and the compromise was recorded. Final decree was passed in terms of compromise. One of the terms of compromise is that the appeal preferred by defendants against the preliminary decree, pending before the High Court shall be not pressed and get dismissed without costs.
2. The appellants herein did not comply with the above condition. However, in view of the compromise recorded by the trial Court and passing of compromise final decree, this appeal no more survives for adjudication. (A copy of the compromise final decree is furnished to me and after perusal returned to Sri M.Rama Mohan, learned counsel for the respondent).
3. Recording the said submission, the appeal suit is dismissed as infructuous. There shall be no order as to costs.
4. Consequently, Miscellaneous Petitions, if any, pending in this appeal suit shall stand closed.
M. SATYANARAYANA MURTHY, J 8th July 2014. mar