RACHAKONDA VENKAT RAO Vs. R SATYA BAI

JUDGEMENT

(1.) JUDGMENT

(2.) THIS appeal is directed against an order dated 19th June, 1998 of the High Court of Andhra Pradesh whereby the order of the trial court rejecting an application of the plaintiff under Order XXVI Rules 13 and 14 read with Section 151 of the Code of Civil Procedure was set aside and the trial court was directed to take steps towards passing a final decree. Briefly the facts are :

(3.) THE trial Court recorded oral evidence on the said application. THE defendants examined five witnesses. THE plaintiff however did not examine herself nor she lead any documentary evidence. Defendants also proved certain documents on record. THE stand of the defendants is clear. According to them nothing remained for taking any further steps by the court which means that according to defendants the decree dated 13th July, 1978 was a final decree and therefore such an application was not maintainable. Defendants lead oral evidence regarding October, 1985 oral settlement between the parties which was said to have been also acted upon. THEy led evidence regarding the 5th July, 1992 settlement by way of Memorandum of family arrangement. THE learned District Judge dismissed the plaintiff's application by order dated 4th February, 1993. THE application was held to be not maintainable. THE learned District Judge accepted the 1985 arrangement by way of mutual agreement between the parties and stated that the said arrangement had been acted upon. THE District Judge, however, did not take into consideration the subsequent family arrangement dated 5th July, 1992 because it was alleged to have taken place after the application under consideration had already been moved.