THE HONOURABLE Dr. JUSTICE G.RADHA RANI CIVIL REVISION PETITION No.543 of 2020

ORDER:

This Civil Revision Petition is filed by the petitioners-decree holders aggrieved by the order dated 21.01.2020 passed by the III Additional Chief Judge, City Civil Court, Hyderabad in EA No.3 of 2017 in EP No.1 of

2005 in O.S. No.97 of 1983.

2. The case of the petitioners in brief was that the petitioners along with their late father had filed a suit for partition of joint family properties against the respondent Nos.1 and 2. The respondent No.1 was the brother of their late father and the respondent No.2 was the son of respondent No.1. Their father passed away and he was also represented by the petitioners 2 and 3. The respondent No.1 also passed away on 28.08.2008 and the respondent No.2 was the sole legal representative of the respondent No.1. The suit was filed in the year 1982 and numbered as 1502 of 1982 and subsequently, it was transferred to the court of the III Additional Chief Judge, City Civil Court, Hyderabad and renumbered as O.S.No.97 of 1983. It was hotly contested by the respondents and was decreed in the year 1997. As against the said judgment and decree, the respondents preferred an appeal before the High Court, but the same dismissed on merits. Against the said dismissal, the respondents took the matter to the Hon’ble Supreme Court and the same was also dismissed. The matter received finality on 31.01.2023.

2.1. During the pendency of the matter, the first appellate court proceeded for determination of mesne profits and division of joint family properties by metes and bounds. A commissioner was appointed and the commissioner submitted a report fixing the mesne profits and dividing the immovable properties and filed his report before the court. The respondents filed their objections over the commissioner’s report but the same were overruled by the court. The petitioners filed EP No.1 of 2005 for enforcement of the commissioner’s report including recovery of the mesne profits granted by the commissioner. The mesne profits were to an extent of Rs.97,73,191/- with interest drawn at Rs.76,23,089-60 ps., aggregating to Rs.1,73,96,280-60 ps. At that stage, the respondent No.2 approached the petitioners and requested the petitioners to settle the matter for less than what was due to them as per the report of the Commissioner. After elaborate discussions among the well wishers of the family, the parties amicably resolved the dispute and a compromise was entered into by the parties. Under the compromise, the petitioners gave up the huge claim for mesne profits and also several items of valuable immovable properties. The compromise was recorded and EP No.1 of 2005 was closed. As per the compromise, the respondents had to fulfill certain terms essential for implementation of the terms of compromise. It was also specifically made clear in the compromise memo that in the event of the respondent failing to comply with the terms, the compromise would be rendered null and void vesting the petitioners with a right to proceed with the execution proceedings without reference to the compromise.

2.2. As per the petitioners, three essential conditions were contained in Clauses 3, 4 and 8 of the compromise and they were as follows:

“3. The item No.4 of the suit schedule-I that is H.No.669, 670, 671 & 672 corresponding to 5-4-96, 99, 101, 102 & other numbers (new numbers at Maripeda (Bangala), Warangal District, shall be exclusively enjoyed by the plaintiffs. The defendant No.2 shall make all arrangements for the said mutation.

4. The defendant No.2 shall extend full co-operation to the plaintiffs in executing all such deeds and records for mutation and making entries in all such necessary records so as to make perfect the title of the plaintiffs or their nominees over the properties mentioned in suit schedule-S, which are:

(a) 50% share in Sree Venkateshwara Rice & Flour Mill, Maripeda Village, Warangal District.

(b) 50% share in Sree Venakteshwara Goun