THE HONOURABLE SMT. JUSTICE K. SUJANA APPEAL SUIT No.539 of 2018

COMMON JUDGMENT

The present appeal is filed against the preliminary decree dated 30.06.2017 passed in O.S. No. 46 of 2011 by the II Additional District Judge (Fast Track Court) Medak at Sangareddy. By the impugned judgment, the trial Court passed the preliminary decree for partition and separate possession of the A and B schedule properties.

2. Heard Sri Meherchand Mori, learned counsel for the appellant and Sri S.R.Deshmukh, learned counsel for the respondent.

3. During the pendency of the appeal, it was brought to the notice of this Court that the parties have entered into compromise and I.A. No. 2 of 2025 to that effect was filed. In the light of the aforesaid, this Court, vide order dated 27.03.2025, has directed the parties to appear before the Secretary, Telangana High Court Legal Services Committee, for their identification. In compliance thereof, the parties have appeared before the Secretary, Telangana High Court Legal Services APPEAL SUIT No.539 of 2018 Committee, who has submitted a report dated 27.03.2025 to this Court recording the compromise between the parties.

4. In the compromise, it has been stated that due to the intervention of the well wishers of both the parties, the parties have compromised the dispute with following terms: i. “The respondent/Smt. Vijaya agreed to relinquish all her rights in the suit schedule property granted in the preliminary decree dated 30.06.2017 in O.S. No. 46 of 2011 on the file of the Court of the II Additional District Judge (Fast Track Court), Medak at Sangareddy, on receipt of the benefits by taking the monetarily benefits from appellant No.2/Sri. Rahul Deshmukh. She also agreed to set aside the preliminary decree and pass a fresh decree in terms of the compromise.

ii. Compromise has been agreed with appellant No.2/Sri.

Rahul Deshmukh to make a payment of Rs.20 lakhs i.e., Rs.2 lakhs on 31.05.2025; Rs.6 lakhs on 31.12.2025; Rs.6 lakhs on 31.12.2026 and Rs.6 lakhs on 31.12.2027 vide post dated cheques bearing Nos.000067, 000068, 000069 and 000070.”

(Emphasis Supplied)

5. Having regard to the settlement arrived at between the parties, the I.A. is ordered. In such circumstances, this Court APPEAL SUIT No.539 of 2018 deems it appropriate to dispose of the appeal in terms of the memorandum of compromise.

6. Accordingly, A.S. No. 539 of 2018 is allowed and suit i.e., O.S. No. 46 of 2011 is decreed in terms of the compromise entered between the parties. Consequently, the preliminary decree dated 30.06.2017 passed in O.S. No. 46 of 2011 by the II Additional District Judge (Fast Track Court) Medak at Sangareddy, is hereby set aside.

Miscellaneous applications, if any pending, shall also stand closed.

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K. SUJANA, J Date: 01.04.2025 gms APPEAL SUIT No.539 of 2018 THE HONOURABLE SMT. JUSTICE K. SUJANA APPEAL SUIT No.539 of 2018 Date: 01.04.2025 gms