NAIDU MOHAN RAO v. GRAM PANCHAYAAT ANDHRANAGAR NANDIPET MAN

Court: High Court for State of Telangana

Bench: M.G.PRIYADARSINI

Judgment date: 2024-02-21

Case summary

High Court for State of Telangana judgment dated 2024-02-21. NAIDU MOHAN RAO v. GRAM PANCHAYAAT ANDHRANAGAR NANDIPET MAN. Read the judgment and case details...

Judgment text

I \\ a[ 32s3 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE M. G. PRIYADARSINI SECOND APPE NO: 246 OF 2003 Appeal under Section 100 of C. P. C against the Judgment and Decree dated 29lOBl20O2 made in A. S. No. 64 of 1996 on the file of the Court of the llt Additionat District and Sessions Judge(Fast Track Court), at Nizamabad preferred against the Judgment & Decree in O. S. No. 230 of 1989 dated 06/09/1989 on the file of the Court of the District Munsif at Armoor. Between: Naidu Mohan Rao, S/o Kondaiah, Rt/o Andhranagar Village of Nandipet Mandal, Nizamabad District. .. Plaintiff/RespondenUAppellant AND Gram Panchayat, Andhranagar Nandipet Mandal, Nizamabad District, through its Sarpanch Sri Naidu Venkaiah S/o Chinnaiah, Rl/o Andhranagar Village of Nandipet Mandal, Nizamabad District- ... DefendanUAppellanURespondent C. M. P. No.

4993 of 2003 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings including execution of Judgment and decree dt 29. O8. 2OO2 made in A. S. No. 64/1996 on the file of the Court of the lll Additional District & Sessions Judge (FTC) at Nizamabad, Pending disposal of the above appeal LA. NO: 1 OF 201S(SAMP. N O: 2181 OF 2015) Between: Gram Panchayat, Andhranagar Nandipet Mandal, Nizamabad District, through its Sarpanch Sri Naidu Venkaiah S/o Chinnaiah, Rl/o Andhranagar Viltage of Nandipet Mandal, Nizamabad District. ... Petitioner/DefendanURespondent AND Naidu Mohan Rao, S/o Kondaiah, R/o Andhranagar Village of Nandipet Mandal, Nizamabad District. ...

RespondenUPlaintiff/Appellant Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dismiss the Second Appeal by vacating the interim order dated 07. 03. 2003 passed in CMP N0. 4993/2003 in SA No. 24612003. Counsel for the Appellant : STi CH SIDDHARTHA SARMA Counsel for the Respondents : Sri KISHORE RAO PUSKURU (SC FOR TS ZTLLA PARTSHADS) The Court delivered the following : JUDGMENT . 7 HON'BLE SMT. JUSTICE M. G. PRIYADARSINI SECOND APPEAL No. 245 of 2OO3 JUDGMENT: 1) The present Second Appeal is fi1ed aggrieved by the Judgment daLed 29. O8. 20O2 passed in A. S. No. 64 of 1996, on the file of the Court of III Additional District & Sessions Judge (Fast Track Court), Nizamabad. 2) Learned counsel for the Appellant submits that the matter has been amicably settled by both the parties in view of the Memorandum of Understanding entered on 22. 07.

2023 (which was enclosed to the additional counter afhdavit hled by the respondent vide SAUSR. No. B4454 of 2023]r and hence, requested to dispose of the appeal in terms of the said Memorandum of Understanding. \ \ 3) Learned counsel for the respondent aiso relied upon the submission made by the learned counsel for the appellant and requested to dispose of the Second Appeal in terms of the Memorandum of Understanding. 4l This Court upon perusing the Memorandum of Understanding that was entered between both the parties found that Lhere was a clear mention about the hnal settlement of the legal dispute bet'"veen both the parties which supersedes prior 'r ) ,IIC P ,J S. A No 216 of2003 it is written or oral' agreements or understandings, whether matter.

relating to the subject made by both the 5) Hence, having regard to the submissions terms of the parties, the Second Appeal is disposed of in between the parties Memorandum ol Understanding entered of Understanding shall form part of this The said Memorandum order. There sha1l be no order as to costs' 6) Registry is directed to draft the decree in terms of the Memorandum of Understanding and a copy of the IVlemorandum of Understanding be appended to the decree' Miscellaneous petitions, if any, pending 1n this appeal shall stand closed . VARMA SD/ C. V. MALLIKARJUNA JOINT REGIST /ffRUE COPY// b,' SECTION OFFICER To, Track Court), at District and Sessions Judge(Fast 1 The lll Additional Records, if anY) Nizamabad(With - rr aly-). at Armoor' (With Records' . 2 The District Munsif ^. I -Cc'i"'stibH [oP. U^Q siddhartha Sarma' Advocate J cj"" -tE - FOR TS ZILLA Rao Puskuru' (sc 4 5nI tosr. i Kishore I l PARISHADS) Advocate [OPUCI 5 understandins dated22'07 '20231 of memorandum of IJ:.???

,it:":opv I SP/SP I 1 s HIGH COURT DATED:21 10212024 JUDGMENT SA. No. 246 of 2003 '1 HES T4 ( + -) tl i, 6 APA I 0 2! 2{ *'! .. 1 . :. DISPOSING THE SECOND APPEAL IN TERMS OF MEMORANDUM OF UNDERSTANDING ,7 ,r. ;iit . i Rs. 10 0 . ,i a N nl :::1. B ttl HUNDRE ,lqi i:t. ) 'i :t , -. ,}.. 1 'l l ND I ' i:i, -t {1} . , (. i L,. ' . i. ' Il I .. i ... ' . ,.. ,|, \, ', Eerortee futilil TELANGANA 13. 587 j. t5 Trsn ld: 23072? lll25S7914? l D. r. : U )ULr. 0I. ],0t:t5 pM i R. ^o lllur(lrtd BJ: BNADU MOHIN I(AO 9 s/o L. rTE NATDU KONDAY]I rlli. i,'i{ i=i. /oANDERANAoA&N MATAD \t'tdrE tFp. I ! \ I. 4EMORANDUM,OF UND 'ifl'frit o rr*oonduhl of understsndi \i! ' ng (herelnafter r€ferred on this Sati-rrdayli2F day of July,2023 (ihe ! i dffective Date,,l 6ram panchayatr . . ,, . i:' lhereinafte r re ferred, to as. ',Gp,,), re is (,[eleinafter ref. e'ired to as I "GP Presldent"),. with an t Nhamabad (0tiii t qli. t ,;:f€langana (State) _ 503213 ,l t And ,.

1 'l:i, Naidu Moh'an,Rao S/o Latej Naldu rj Kondayya (herelnafter I ;. r H. NO 4-5 & 4-6, Arrdhranagar, I tli t,'. r,:i : ["t Nandipet(Mandal), Ntzamabr ,.. ,,, ,t'. ' :r, 'l,lr ofrr,rorx, there exists a long-standlng legal dl put€ regardl Honourable t n l:,i irli : Hlgh Couft of ',,t Hydera bad, involvln 1 t a watea Well ii iIl. . WHEREAs:''I rcumstances have slgnlf lcantlv cha lallthe wells i n the v, ase, :;ii ;";#;ffi fiiilt;l:ffi:i:iilll; trWHEREAs, the dispute has now n o r t h e n, a r,, ;;;;; ;;i, cen i: ",, J :';,i. #"::: :: : . i:T""llJ , u : . rTt rL*aq \s ,, l . -4'. :i ,, GramPanchayat Records sinco r oo, r"no admeasurinB 1watn, *oir oi'r":;'. 130 x il';t:. ',t:rs i. so s. r,rr is on reror 1s dnd with "]ot this dispur. in ihi\ measuipmonr I lo X 50 sq tt of th. plot ared WHEREAS, rhe Granr panctr. r,,r _ ,n_val presidnnt has recervcd,,uJ ,cLcrveu tn".

"r" ort ol;;; numc,ou numerous requests frorn villagerS to Sett le w H WHEREAS, takinB into consider the present Pdnchayat has passed situation and tn" requests receivecl' i\ a rusoluti. lT the Grem ;;;';'";;;';i,,;'l: the ownership of tt,. , ooror,*. ro-n-o"t"d:e z cents bv transferrins Lnoli ^rffi":,,;#;::llb",:::fl1[:: wHEREAS, both parties lrsree ,n{l^::. : ,_"J,*1". *t of this case shatr be a finat withdraw from the case resotution, without any iu. tre. lraiI. ,Jo;';;* ;'i;:, ,ruted tand ""o,Crroa, NOW,TTHEREFORE, the parties agree as follows: ,Tra nsfer of Owhership: Gp a Srees . to transfe q qhe ownership of the;apDroiimat 'situat€d,in front of NM Ra e 2 cents land. o's rbsid ence and,as 'ietorded in the panchayat ilegal records, t rb. ptesenuflve to NM Rao ol his lwitttdiaWit ot Gp: Upon the succe ssftil transf6r of ownership as with draw from itated in Cl_ji.

rse case No SASR 85315 1 Gp sh;it p in the Honourable " High Court shall have no furth'er of Hyde rabad and daims, rights, 6lr i e disputed la nd Settlement in Full: This MOLI re re settlement of the parties, Both parties ,final legal dispute hetween agree the in this MOU shall fully satisfy counterclaims. ralated all ctaims and to Gram Pdnchayat of Andhranagar: I (r+? -^,\ /^Ar,, IN^. l entl lDa @. [iffiffi' r))Ou inhilgl. a,r ro&drdtfif, h Naidq I*\).. - 2 "-". t. 1, q . f. ur,,'@< IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE M. G. PRIYADARSINI SECOND AP PEAL NO: 246 OF 2003 Between: Naidu Mohan Rao, S/o Kondaiah, F/o Andhranagar Village of Nandipet Mandal, Nizamabad District. ...

PIaintiff/RespondenUAppellant AND Gram Panchayat, Andhranagar Nandipet Mandal, Nizamabad District, through its Sarpanch Sri Naidu Venkaiah S/o Chinnaiah, Ri/o Andhranagar Village of Nandipet Mandal, Nizamabad District. ... DefendanUAppellanURespondent Appeal under Section 100 of C. P. C against the Judgment and Decree dated 2910812002 made in A. S. No. 64 of 1996 on the file of the Court of the lll Additional District and Sessions Judge(Fast Track Court), at Nizamabad preferred against the Judgment & Decree in O. S. No. 230 of 1989 dated 06/09/1989 on the file of the Court of the District Munsif at Armoor. Memorandum of Understanding entered on 22. 07. zo23(which was enclosed to the additional counter affidavit filed by the respondent vide SAUSR. No.

84454 of 2023) and both the parties requested to dispose of the appeal in terms of the said memorandum of Understanding entered between the appellant and respondent, duly signed and agreed to the terms of the said Memorandum of Understanding daled 22. 07. 2023 vide SAUSR. No. 84454 of 2023 The appeal and Memorandum of Understanding entered on 22. 07. 2o23(which was enclosed to the additional counter affidavit filed by the respondent vide SAUSR. No. 84454 of 2023) coming this day for orders as to settlement in the presence of Sri CH Siddha(ha Sarma, Advocate for the Appellant and Sri Kishore Rao Puskuru, (SC FOR TS ZTLLA PARISHADS) for the Respondent and the parties through their respective advocates having filed the Memorandum of Understanding entered on 22. 07 . 2023(which was enclosed to the additional counter affidavit filed by the respondent vide SAUSR. No.

g4454 of 2023) and upon requesting the court to pass a decree in terms of the said memorandum of Understanding entered into between them and upon perusing the grounds of appeal, Judgments and decrees of the Lower cou(s and the memorandum of Understanding purporting to have been signed by both the parties and filed with said Memorandum of Understanding entered on 22. Ol. 2)23(which was enclosed to the additional counter affidavit fired by the respondent vide SAUSR. No. 844s4 of 2023) and upon appearing from the said memorandum of Understanding that the parties herein have entered into compromise and setfled the matter out of court in terms Memorandum of Understanding filed herein, This Court This Court doth order and Decree as follows Record the terms of the said memorandum of understanding whereof, is filed and entered on 22-o7 . 2o23(which was encrosed to the additionar counter affidavit fired by the respondent vide SAUSR. No .

84454 0t 2023) and a copy whereof is annexed thereto and rhis court doth order and Decree as folows in terms of the said memorandum of Understanding, dated 22. 01. 2023 decree as follows: 1. That the Second Appeal be and hereby is disposed of upon perusing the Memorandum of Understandin g dated 22. 07 . 2023 vide SAUSR. No. B4454 of 2023 lhal was entered between both the parties and upon finding that there was a clear mention about the final setflement of the tegal dispute between both the parties which supersedes prior agreements or understandings, whether written or oral relating lo the subject matter; 2. That the Gram panchyat agrees to hansfer the ownership of the approximate 2 cents rand, situated in front of NM Rao's Residence and as recorded in the Panchayat Records, to NM Rao or his Legal Representative; 3 That upon the successfur rransfer of ownership as stated in crausel, Gram Panchayat sha| withdraw from case No. sA(sR). 8s31 512002, (now numbered as Second Appeal No.

246 of 2003) pending in the High Court of Hyderabad and Shall have no further Claims, nghts, or interests in the disputed land. 4 That the Memorandum of Understanding represents a fu and finar setflement of the legal dispute between the parties. Both the parties agree that the resolution provided in this Memorandum of Understanding shall fully satisfy all claims and counterclaims related to the case. 5. That the Gram panchayat agrees not to assert any rights or claims to the disputed land in the future, and this setlement shall be binding on ali successors, assigns, or reprssentatives of panchayat. Gram 6. That NM Rao shall be responsible for ensuring that all necessary legal documentation and processes required for the transfer of ownership are mmpleted. 7. That Both pa(ies agree to keep the terms and detairs of this setflement mnfidential and sharr not discrose them to any third pa(y without the written consent of the Other party, except as required by law; 8.

That the Memorandum of Understanding shall be governed by and construed in accordance with the laws of lndia; 9. That there shall be no orderas to costs in this Second appeal. SD/-C. V. MALLIKARJUNA VARMA JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Ill Additional District and Sessions Judge(Fast Track Court), at Nizamabad 2. The District Munsif at Armoor. 3. Two CD Copies (along with a copy of memorandum of understandin g dated 22. 07. 2023) SP/SP I HIGH COURT DATED:21 10212024 COMPROMISE DECREE SA. No. 246 of 2003 DISPOSING THE SECOND APPEAL IN TERMS OF MEMORANDUM OF UNDERSTANDING i,-e 0)* i,J'. FtrS. ,f I , * I I t-j,'. H D R ij ;tqi 5 . ,: fl SrID I (r 1,, I I I, eromec FdrrET TELANGANA I :i4r 1 "Tmn td:,! _tt TtztII2SS79t4? l ,1. c:33587 u. oq u JiuL ro1. ], 0 t:15 iM RAO €NAbu uoi. d\ R^o Slo Lr]. a ulroU , rdvnav-r^ +wo tRAlrACAn" x. ueli"rm HDf . ;':i' {. i s€ll: .. ,. N MEMoRANDTIM. or ur,,roensii f{fii* r**oono m of Undcrstanding.

(here in4ftlr referrBd zio day oi Juty, 2oz3 (the I'Effecti ve Date,. ) -. -Grdm pdnchayat, (hereinafter referre '[(,hsi'"i naftcr 9,'to as. "cp"l, ref rred ,,Gp -e to as presi dent"), with an a $Nizimdbad (0ist),. retangana (Statej - 503213 1, II And :'. 71 Mohdn Rao Lllaidu S/o Later Naidu Kondayya (herei 'far.. H. NO 4-5 nafter. /e & 4-6, Arrdhra t nagar, Nandipet(Mandal) , Nizamabgd l*:l*l l,u :H[ j:"^l,:f: regardtit ]",i-, i : :il:;: iiliiri-i,iiiii:: t:ter well loca iJ! ilT : #i:lf iil'Jffi:: ji:; since the i"". t lnl a iL. j :lff i. T,Jj, er well, have i ilTlili;;ilifl i,lJ,i""i"_'Ji:J:l:,1,:1::::::: Anproximato Ztl tt o recordi. of. hi B .. ,4 i - rlt \t _. -l) "/-*4 B . '.! tl G a m Panchaya t. Records since 1981 plot admcas and (Water well or uring L30 X 50 2 ccnts lancj) Sct,ft is on records and this is with dispur in thrs m easurement 130 X 50 Sq. ft of the plot . : I drea WH EREAS, -ft Panchavat President has recerved tl-ie case oui::.

"Jil] numerous requests frorn viIaBers to settre I H \,\lHEREAS, taking into consideration ) the Present situatioft and the requests :::I Pinchdyat has Fiassed a resolution received, the Gram Date d 12'h December 2022 to reso lve the thP owirership of the approximate maLter by transferrin 2 cen ts lahd c 6 Nv nao,di his tegatrr d. tiiesentative ,WH EREAS, both parties agr'ee t\'jt the s ettlem ,l t of this case shall be a final resolution, and:GP shall thdriw from the case without:ihy fu rlher clarmS or rights to the disputed land (, Gram pa ya! of AndhranaBar: i\[ ua. b lN entl lD e rt6 il:o'dr6g,i{1g1. sr,, Orr, l,rtofr Na idq o atness: 1. : *^t ,. _,-_.. ,, 2. )! 1," '\ 5uxEqq,T. un"p(

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