K.U. POVAIAH Vs. K. NAMITHA POVAIAH

JUDGEMENT

(1.) The Appellant and First Respondent in RFA No.1910/2013 filed compromise petition under Order 23 Rule 3 of CPC, which reads as under:

(2.) It is agreed between the Parties herein that by virtue of this compromise, all issues arising between them in respect of the above mentioned matter have been amicably resolved and no party shall have any claim/entitlement hereinafter as against each other, in respect of the Schedule Properties allotted to each Party, as mentioned herein. All amounts paid by the Appellant to the Respondent No.1 during pendency of the above Appeal as well as proceedings before the Trial Court have been adjusted towards claim of mesne profits and the Appellant shall not be entitled to claim reimbursement from Respondent No. 1 or anybody claiming through or under her. The Respondent No.1 shall not be entitled to claim any amount towards past or future mesne profits or under any other claim /head in respect of her right, title and interest in the Suit Schedule A Property in any manner whatsoever. It is hereby agreed and confirmed that neither the Appellant nor the 1st Respondent have no claims as against each other.

(3.) It is hereby agreed by the Parties that the children of the parties herein, namely, K Aditi Povaiah and K. Vidushi Povaiah shall not claim any share in the property falling to the Appellant herein and the first respondent will undertake and shall execute registered Ratification Deed in favour of the Appellant. The said Ratification Deed shall be executed on the date of decree being registered, pursuant to this Compromise Petition. The Appellant herein has paid a sum of Rs.25,00,000.00 (Rupees Twenty Five Lakhs only) as permanent alimony towards the First Respondent and the two daughters, namely Ms. Aditi Povaiah and Ms.Vidushi Povaiah as per the MC order passed in MC No.2845 /2012, Order dtd. 07/07/2015.