HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY
ASMP.No.1634 of 2014
In/and A.S.No.529 of 2013 Date:04.09.2014 Between:
Yannam Sambi Reddy, S/o China Nagi Reddy and two others.
. Appellants And:
Yannam Malleswari @ Eswaramma, W/o Late Adi Reddy . Respondent Counsel for the appellants: Sri Y.Sudhakar Counsel for the respondent: Sri Guttapalem Vijaya Kumar The Court made the following:
COMMON ORDER:
The appeal arises out of judgment and decree, dated 21.01.2013, in O.S.No.42 of 2010 on the file of the learned V Additional District Judge (Fast Track Court), Guntur.
The appellants as well as the respondent have filed ASMP.No.1634 of 2014 with a prayer to dispose of the appeal by passing a final decree in terms of the compromise memo filed along with the application.
A perusal of the terms of compromise would show that the respondent/plaintiff has received a sum of Rs.31 lakhs towards full and final settlement in respect of her 1/4th share in the suit schedule properties and agreed to relinquish her said share in both ‘A’ and ‘B’ schedule properties and also other benefits granted under the preliminary decree, dated 21.01.2013, in O.S.No.42 of 2010. She has also conveyed her no objection for any sale transactions in respect of the suit schedule properties, whether prior to or after the filing of the suit or pending the suit.
At the hearing, all the appellants as well as the respondent are personally present in the Court. All of them have submitted that they have entered into the memorandum of compromise out of their own volition and free consent.
In the light of the memorandum of compromise, ASMP.No.1634 of 2014 is allowed and consequently, the appeal is allowed. Interim order, dated 05.09.2013, is vacated and ASMP.No.1475 of 2013 is dismissed as infructuous.
The Registry shall draft the decree in terms of the memorandum of compromise.
04thSeptember, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY