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1996 Supreme(SC) 35

B.P.JEEVAN REDDY, S.B.MAJMUDAR
Rachakondavenkat Rao – Appellant
Versus
R. Satya Bai – Respondent


ORDER

Leave granted. Heard counsel for the parties.

2. Original Suit No. 4 of 1975 on the file of the learned District Judge, Adilabad was instituted by R. Satyabai widow of R. Gopal Rao against the three brothers of her husband. On July 13, 1978, a decree was made by the Court on the basis of a compromise between the parties. Under this compromise, the plaintiff was given certain properties exclusively while in some others she was given a joint interest. Plaintiff having died, her daughter and sole legal representative applied, in 1991, for passing a final decree. The defendants (appellants herein) objected inter alia on the ground that under a settlement arrived at in 1985, the parties have finally settled the issue of partition and hence there is no question of passing a final decree now. They also submitted that when certain differences arose again between plaintiff and defendants, they were settled under a memo of family arrangements dated July 5, 1992, which was said to be signed by all the parties.

3. The learned District Judge held, after an enquiry that the 1985 settlement put forward by the defendants is true and, therefore, the application for passing a final decree is lia




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