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2025 Supreme(Online)(Tel) 76473

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE P.SAM KOSHY,THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
Meer Amjad Ali – Appellant
Versus
Akireddy Yadagiri – Respondent
AS 1121/2016



THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO I.A.No.1 OF 2024 IN/AND A.S.No.1121 OF 2016 COMMON : (per Hon’ble Sri Justice P.Sam Koshy)

Heard Mr. Y. Neelakanta Reddy, learned counsel, representing Mr. V.Ravi Kiran Rao, learned Senior Counsel for the appellants. Perused the record.

2. The present appeal has been filed assailing the judgment and decree dated 19.04.2016 in O.S.No.62 of 2013 passed by the learned V-Additional District Judge, at Karinagar.

3. Vide the said impugned judgment, the suit for specific performance of agreement of sale dated 09.09.2011 was decreed in favour of the plaintiff. The present was an appeal filed by the defendant. Pending the appeal before this Court, it is seen that the parties have compromised and the matter was sent for Lok Adalat convened on 14.12.2024 wherein all the parties entered appearance and the following Memorandum of Settlement was arrived at between the parties. The terms and conditions of the settlement are reproduced hereunder:

“(a) The Appellant Nos. 2 to 5 herein have agreed to part with 0- 19 guntas (Nineteen Guntas) of land out of 0-63 guntas i.e. Ac. 1- 23 guntas in Sy.No.659 situated at Kothirampur, Karimnagar in favour of Respondent in lieu of part sale consideration of Rs.1,02,00,000/- (Rupees One Crore two lakhs) paid by the Respondent on various dates to the Appellant No. 1 herein.

(b) The Respondent herein has agreed to take 0-19 guntas (Nineteen Guntas) of land in Sy.No.659 situated at Kothirampur, Karimnagar, in lieu of the part sale consideration of Rs.1,02,00,000/ - (Rupees One crore two lakhs) paid by him to the Appellant No. 1 herein.

(c) The Appellant Nos.2 to 5 herein have agreed to execute a registered sale deed in respect of 0-19 guntas (Nineteen guntas) in Sy. No. 659 situated at Kothirampur, Karimnagar in favour of the Respondent or his nominee soon after disposal of the above said appeal in terms, this Memorandum of Compromise Petition filed in the Hon'ble High Court.

(d) The Respondent has agreed that he shall bear the Costs towards Registration charges and Stamp duty etc., for obtaining registered sale deed from the Appellant Nos. 2 to 5 in respect of 0-19 guntas (Nineteen guntas) is Sy.No.659 situated at Kothirampur, Karimnagar in favour of Respondent herein.

(e) The Appellant Nos. 2 to 5 herein have also agreed to hand over the possession of 0-19 guntas (Nineteen guntas) of land in Sy.No.659 situated at Kothirampur, Karimnagar after leveling the land by fixing boundary stones.

(f) The Respondent herein further agreed that he will not close down the internal road of the subject property.

(g) The Appellant Nos. 2 to 5 herein further declare that Appellant Nos. 2 to 5 herein, their legal heirs and successors will not have any right, title and interest in respect of 0-19 guntas (Nineteen guntas) in Sy.No.659 situated at Kothirampur which is to be transferred by the Appellant Nos. 2 to 5 herein in favour of Respondent by executing a registered sale deed in favour of the Respondent herein or his nominee, the details of the schedule property are specifically shown in Page No. 10 of the compromise (annexure).

(h) The Appellant Nos. 2 to 5 herein further agreed that they would not interfere in the property rights of the Respondent over 0-19 guntas (Nineteen guntas) of land in Sy.No.659 situated at Kothirampur, Karimnagar in respect of which the Appellant Nos. 2 to 5 herein agreed to execute a registered sale deed in favour of the Respondent in any manner.

(i) The Respondent herein has also agreed that he or his successors, agents etc., would not interfere in the property rights of the Appellant Nos.2 to 5 herein in respect of remaining extent of 0-44 guntas (Forty-Four guntas) of land in Sy.No.659 situated at Kothirampur, Karimnagar.

(j) Both the Appellant Nos. 2 to 5 herein and the Respondent have filed this Memorandum of Compromise with their free will and there is no coercion from anybody for filing this petition.

(k) Bot

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