THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI

I.A.Nos.1 and 2 of 2025

IN/AND

SECOND APPEAL No.355 OF 2011

COMMON JUDGMENT:

The Second Appeal is filed aggrieved by the judgment

and decree passed in A.S.No.149 of 2008 by the X Additional Chief Judge, (Fast Track Court), City Civil Court, Hyderabad, dated 02.12.2010, confirming the judgment and decree dated 12.02.2008 in O.S.No.2033 of 2004 passed by V Senior Civil Judge, City Civil Court,

Hyderabad.

2. O.S.No.2033 of 2004 came to be filed before V Senior Civil Judge, City Civil Court, for partition and separate possession in respect of house bearing No.1-4-27/71/185, Padmashali Colony, Ranganagar, Musheerabad, Hyderabad. Suit came to be decreed on 12.02.2008. Defendant No.1 in suit is the appellant in Second Appeal. Late respondent No.1 is the plaintiff in the suit. Legal heirs of respondent No.1 are on record in the Second Appeal. Respondent No.4 is the tenant, who is no more.

Respondent No.5 is also tenant, who is not a necessary party.

3. Suit came to be decreed and it was held as follows:

“IN THE RESULT a preliminary decree is hereby passed in favour of the plaintiff partitioning the suit schedule property into four equal shares allotting 1/4th share out of the suit schedule property to plaintiff, 1/4^th share each to defendant No.1 to 3 instead of half share to plaintiff and the plaintiff is at liberty to obtain possession of her share out of the suit schedule property by way of filing a separate petition under sub curia. With that direction, the present suit is disposed of with costs.”

4. First Appeal vide A.S.No.149 of 2008 was preferred before the X Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad, and by judgment dated 02.12.2010, the First Appeal came to be dismissed confirming the judgment and decree in O.S.No.2033 of 2004 on the file of V Senior Civil Judge, City Civil Court, Hyderabad. Second Appeal is filed by defendant No.1 in the suit challenging the First Appellate Court’s order.

5. Both counsels are present in the Court. It is represented by the counsels that the appellants and legal heirs of respondent No.1 have entered into a compromise.

Appellant is no more and his Legal Representatives (LRs) are brought on record. LRs of appellant and LRs of respondent No.1 entered into an agreement, the Memorandum of Understanding (MOU) and the Joint Memo are annexed as documents to I.A.Nos.1 and 2 of 2025. 6. I.A.No.1 of 2025 is filed with the following prayer:

“… to pass judgment and decree in the present S.A.No.355 of 2011 as per the terms and conditions mentioned in the present memorandum of compromise, by setting aside judgment and decree passed in A.S.No.149 of 2008 dt.02.12.2010 by learned X Addl. Chief Judge (Fast Track Court) by dismissing the O.S.No.2033 of 2004 dt.12.02.2008 passed by learned V Senior Civil Judge, City Civil Courts, Hyderabad, in the interest of justice and pass any such other order(s) that may deem fit based on facts and circumstances of the present case.”

7. I.A.No.2 of 2025 is filed with the following prayer:

“… to permit the them and 2^nd & 3^rd respondents/defendants Nos.2 & 3 to enter into the compromise as per the terms and conditions of the memorandum of compromise dated .09.2025, and pass the compromise decree as per the terms and conditions of the said memorandum of compromise in the present S.A.No.355 of 2011, in the interest of justice, and pass such other or orders as this Hon’ble Court may deem fit and proper in the circumstances of the present case.”

8. Joint Memo is filed by appellants and respondent Nos.2 and 3 in I.A.No.1 of 2025, the terms and conditions of compromise are recorded in the Joint Memo filed. An MOU is also annexed, signed by the parties in I.A.No.1 of 2025. The MOU has various clauses by which the amicable settlement has been arrived at. MOU dated

09.09.2025 is filed under Order XXIII Rule 3 of C.P.C.

9. Learned counsels appearing on behalf of appellants and respondents submitted that the legal heirs of plaintif