THE HON’BLE SRI JUSTICE V.SURI APPA RAO CIVIL REVISION PETITION No.6130 OF 2009 and CRP MP No.1711 of 2014 Dated 28th April, 2014 Between:
Devathi Lakshmi Narayana .. Petitioner and A.Subba Rao & others .. Respondents THE HON’BLE SRI JUSTICE V. SURI APPA RAO CIVIL REVISION PETITION No.6130 OF 2009 and CRP MP No.1711 of 2014 ORDER:
This Civil Revision Petition is filed by the petitioner under section 388 (3) of Indian Succession Act challenging the judgment dated 06.07.2009 rendered in A.S.No.179 of 2008 by the III Additional District Judge, Guntur.
Heard.
Initially, petitioner herein filed Succession O.P.No.12 of 2012 under Section 372 of Indian Succession Act before the Principal Junior Civil Judge’s Court, Bapatla, seeking to issue Succession Certificate in his favour to receive maturity value of deposit of Rs.72,277/- lying in Bank of India, Cherukupalli Branch, deposited by one late Annavarapu Seetharamaiah, who is the father-in-law of the petitioner herein. After due trial, the trial Court vide judgment dated 20.02.2008 dismissed the suit with costs. Aggrieved over the same, petitioner herein preferred A.S.No.179 of 2008 before the III Additional District Judge, Guntur, which was also dismissed by the First Appellate Court with costs. Challenging the same, petitioner preferred the present Civil Revision Petition.
Learned counsel for the petitioner submitted that during the pendency of the Civil Revision Petition, partied entered into compromise by resolving all their disputes and as such he prayed to allow the Civil Revision Petition.
CRPMP No.1711 of 2014 is filed by the petitioner seeking this Court to record compromise entered between the parties and to dispose of the Civil Revision Petition in terms of the Memorandum of Compromise. To the said petition, Memorandum of Compromise dated 02.04.2014 entered between the parties is also annexed narrating the mode of compromise.
Today, all the parties are present before the Court and they are duly identified by their respective counsel. The parties have once again reiterated the compromise entered among themselves and informed this Court that schedule property i.e. fixed deposit amount will be shared by them in equal proportions.
In that view of the matter, more particularly relying on the Memorandum of Compromise entered between the parties, CRPMP No.1711 of 2014 is allowed. Consequently, CRP No.6130 of 2009 is also allowed, judgment dated 06.07.2009 rendered in A.S.No.179 of 2008 by the III Additional District Judge, Guntur, is hereby set aside and A.S.No.179 of 2008 is allowed.
Miscellaneous petitions pending in this revision, if any, shall stand closed.
V.SURI APPA RAO, J
Dated 28th April, 2014
SUR