HON’BLE SRI JUSTICE R. SUBHASH REDDY AND HON’BLE SRI JUSTICE A. SHANKAR NARAYANA L.A.A.S.M.P.No.833 of 2014 in/and L.A.A.S.No.756 of 2005 JUDGMENT: (Per Justice R. Subhash Reddy) This appeal, under Section 54 of the Land Acquisition Act, 1894, is filed by one of the claimants in O.P.No.23 of 1998 on the file of the learned Senior Civil Judge, Nirmal, aggrieved by the judgment and decree dated 23.03.2005 passed in O.P.No.23 of 1998.
The dispute is with regard claiming compensation for dry land admeasuring Ac.2.11 guntas covered by Sy.No.1023 of Mudhole village, Adilabad District, which was acquired for formation of new silt-arresting tank across the local streak near Takli and Mudhole villages. In view of rival claims between the appellant and the 2nd respondent, matter was referred to the reference Court under Sections 30 and 31 of the Act. The reference Court, by the impugned judgment and decree, answered the reference, holding that 2nd respondent alone is entitled for compensation for the acquired land. Questioning the same, the present appeal is filed.
During pendency of this appeal, L.A.A.S.M.P.No.833 of 2014 is filed under Order XXIII Rule 3 read with Section 151 CPC, praying for disposal of the appeal in terms of the compromise entered between the parties. An affidavit is filed in support of the petition, stating that at the intervention of elders, dispute between the parties has been resolved. In this regard, memo of compromise dated 22.09.2014 is filed and the same is annexed to the petition. Further, parties who are present in person before this Court have requested to dispose of the appeal in terms of memo of compromise entered between them.
In view of the reasons stated in the affidavit accompanying L.A.A.S.M.P.No.833 of 2014, the same is allowed as prayed for. Consequently, L.A.A.S.No.756 of 2005 is disposed of in terms of the memo of compromise dated 22.09.2014, which shall form part of the decree. As a sequel, miscellaneous petitions if any pending in the appeal stand disposed of. No order as to costs.
R. SUBHASH REDDY, J A. SHANKAR NARAYANA, J 22 September 2014 MRR