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2021 Supreme(AP) 515
ANDHRA PRADESH HIGH COURT AT AMARAVATHI
K. Suresh Reddy, J.
Kapa Anuradha - Appellant
Versus
Pudota Anil Kumar - Respondent
Appeal Suit No. 513 of 2013
Decided On : 07-05-2021
Rama Rao Ghanta, Advocate, N. Sriram Murthy, Advocate
The court can dispose of an appeal suit based on a compromise reached between the parties, leading to the satisfaction of the decree.
Headnote:
Compromise - Civil Appeal - The court disposed of the appeal suit based on the compromise reached between the parties, where the plaintiff agreed to receive an amount towards full and final satisfaction of the decree.
Fact of the Case:
The plaintiff filed a suit for recovery of an amount, which was decreed in their favor by the trial court. The defendant appealed against this decision.
Finding of the Court:
The court found that the matter had been compromised between the parties, and the plaintiff agreed to receive a certain amount in full satisfaction of the decree. As a result, the appeal suit was disposed of based on the compromise.
Issues: The main issue was the appeal against the decree passed in favor of the plaintiff by the trial court.
Ratio Decidendi: The court's decision was influenced by the compromise reached between the parties, leading to the disposal of the appeal suit.
Final Decision: The appeal suit was disposed of in terms of the compromise reached between the parties, and any pending miscellaneous applications were closed.
JUDGMENT
K Suresh Reddy, J. - This appeal is filed against the Judgment and Decree, dated 31.1.2013 passed in O.S.No.815 of 2010 on the file of the Court of IV Additional Senior Civil Judge, Guntur.
2. Appellant herein is the 1st defendant in the above suit filed by 1st respondent / plaintiff for recovery an amount of Rs.8,00,000/- Both the parties contested the suit and after elaborate trial, the learned Judge decreed the suit in favour of the 1st respondent/plaintiff. Aggrieved by the same, the appellant filed the present appeal.
3. At the time of admission, this Court has passed an interim order, dated 27.4.2017 passed in A.S.M.P.No.1508 of 2014, directing the appellant to deposit 1/4th of the decretal amount. In compliance of the said order, the appellant has deposited an amount of Rs.2,50,000/- before the trial Court.
4. Today, both the counsels along with their parties appeared through Video Conference and submitted that the matter has been compromised between the parties. Appellant and the 1st respondent filed a joint memo along with affidavit. On questioning by the Court, both the parties have confirmed the above compromise. Both the counsels have identified the respective parties. The1st respondent / plaintiff agreed to receive an amount of Rs.2,50,000/- i.e., the amount deposited as per the interim order, towards full and final satisfaction of the decree.
5. In that view of the matter, the present Appeal Suit is disposed of in terms of the above compromise between the parties.
6. As a sequel, the miscellaneous applications, if any pending, shall stand closed.
