Chirumamilla Punamma vs Chirumamilla Akash & Anr.

(Per Hon’ble Sri Justice A. Hari Haranadha Sarma)

These appeals are arising out of the common judgment and decrees dated 10.03.2015 passed in O.S.Nos.4 and 53 of 2013 on the file of the Court of the XVI Additional District and Sessions Judge at Nandigama.

The appellant in both the appeals is common. Respondent No.1 is her grandson and respondent No.2 is her daughter-in-law and the mother of respondent No.1.

The appellant in A.S.No.578 of 2015 is the grandmother of the respondent No.1 / Chirumamilla Akash.

Sole respondent in A.S.No.667 of 2015 and respondent No.1 in A.S.No.578 of 2015 is one and the same. The grandson was initially represented by his mother as next friend / guardian and subsequently, he has been declared as a major.

The suit in O.S.No.53 of 2013 (Old Suit No.277 of 2010) was filed by the grandson against his grandmother for declaration of title on the strength of the gift deed executed by the grandmother in his favor. The suit was allowed / decreed, declaring him as the absolute owner and stating that the gift deed is not liable for cancellation.

The suit in O.S.No.4 of 2013 (Old O.S.No.288 of 2010) was filed by the grandmother for cancellation of the gift deed executed by her in favour of the grandson and the same was dismissed.

Aggrieved by the decree granted in favour of the grandson and the dismissal of her suit, the grandmother has filed both the appeals.

Heard learned counsel for the appellant and learned counsel for the respondents, who appeared virtually.

Now, the appellant and the respondent, pursuant to the settlement arrived between the parties, have filed the joint memo seeking permission to withdraw the appeals and for confirmation of the judgment and decree, however, subject to the terms contained in the settlement between the parties. Both parties also physically appeared and confirmed the terms.

For the aforesaid submissions and in view of the compromise between the parties, the appeals are liable to be dismissed as withdrawn, in terms of the joint memo filed by both parties, however, with a rider that the parties shall be bound by the terms of the joint memo, as confirmed across the Bar by both the learned counsel and agreed by both parties. The joint memo and the terms shall be placed on record and a copy shall be enclosed to this common judgment.

Accordingly, both the appeals are dismissed as withdrawn, subject to terms of comprise mentioned in the joint memo enclosed to this judgment. There shall be no order as to costs.

As a sequel, all miscellaneous petitions, if any, pending in the appeals shall stand closed.