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Judgment
Dr. V.R.K. Krupa Sagar, J
The appellant and the respondent represented by its Chairman are physically present. Learned counsel on both sides are present.
O.S.No.342 of 2011 was a suit for delivery of possession of the plaint schedule property and also for injunction restraining the appellant/defendant from alienating the plaint schedule property to third parties and by a judgment dated 30.10.2015, learned VIII Additional District and Sessions Judge, Vijayawada decreed the suit in favour of the plaintiff.
Aggrieved by that, the defendant in the suit preferred this Appeal under Section 96 C.P.C. questioning the correctness of the said judgment.
I.A.No.2 of 2024 is filed under Order XXIII Rule 3 C.P.C. along with a joint memo of compromise entered into between both parties. They seek permission to enter into compromise. The terms of compromise are on record and they bear the signatures of both the parties and learned counsel on both sides. Resolution No.4 dated 19.03.2024 is also on record.
The terms of compromise that are arrived at between the parties is filed and they are extracted hereunder:-
“1) The 1st party i.e. appellant herein paid an amount of Rs.9,00,000/- (Rupees Nine lakhs only) to the respondent vide cheque No."713149" of State Bank of India, Kankipadu Branch, towards settlement arrived in view of compromise between the parties.
2) The 2nd party i.e. The Trust Association of the Convention of the Baptist Churches of the Northern Circars, Kakinada, Rep. by its Chairman, Dasari Yacob, S/o. Moses, shall not claim any right or dispute the right of the appellant in respect of suit schedule property in any manner.
3) The 2nd party i.e. The Trust Association of the Convention of the Baptist Churches of the Northern Circars, Kakinada, Rep. by its Chairman, Dasari Yacob, S/o. Moses, shall execute and sign the necessary documents.
4) It is further agreed between the parties that a sum of Rs.70,000/- (Seventy thousand rupees only) is deposited in the Hon'ble Court of VIII Additional District and Sessions Judge, Vijayawada in O.S.No.342/2011 by appellant herein and the same is liable to be withdrawn along with interest by the respondent herein, on an application to withdrawal before the concerned court.
5) Both the parties have agreed to bear their own costs in suit and appeal.”
The appellant/defendant and the respondent/plaintiff have agreed for the disposal of the Appeal Suit in the above mentioned terms of compromise.
The terms of compromise are read over and explained to both sides and they admitted that they are true and correct and voluntary.
Since the matter is settled out of the Court and terms of compromise are recorded, this I.A.No.2 of 2024 is allowed. Consequently, this Appeal Suit is disposed of in terms of the compromise. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand closed.