GOPU PEDDIREDDI Vs. GOPU TIRUPATHY REDDY

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal brought in by the petitioning 1st defendant is against an order made by the Subordinate Judge, Ongole, rejecting an interlocutory application, I. A. No. 241 of 1980 in O. S. No. 67 of 1980, filed under Order XXIII, Rule 3, Civil P. C. to record compromise in terms of the affidavit to the petition and to pass a compromise decree.

(2.) THE averments set out in the affidavit, in brief, are: THE respondent-plain-tiff, who filed the suit for partition, is the step-brother of the petitioner (1st defendant). In the suit, the purchasers of certain lands from the 1st defendant were also impleaded. In the written statement, it is averred that there was a family settlement under which the plaint A and B Schedule properties are not liable for partition as they were allotted to the 1st defendant, and that the plaint C Schedule property and other properties were allotted to the plaintiff. Pending the suit, at the intervention of certain relatives, the matter was settled. As per their advice, the plaintiff and the 1st defendant agreed on 17-4-1977 and arrived at a compromise in the following terms: (a) That the petitioner (1st defendant) should get all the properties of A and B Schedule in China Obunapalli and the respondent (plaintiff) will get the C Schedule properties situated in Jamapala Cheruvu; (b) That for giving up the claim of the respondent in A and B Schedule properties, the petitioner should pay Rs. 22,000.00in cash, out of which Rs. 12,000.00 was to be paid within one month and fifteen days and the remaining Rs. 10,000.00 after one year and for that the petitioner should give security for Rs. 10,000.00 and in default, the respondent should enforce a charge and realise the amount. Accordingly both the parties accompanied by the elders went to the office of Sri Bontha Ranga Reddy, Advocate, Giddalur and executed a Kharar and signed and it was duly attested by Vijaya China Chenchireddi; and (c) That they agreed that compromise petition should be filed on payment of Rs. 12,000.00 in the Court and decree to be obtained with the said term and Kharar should be kept with Sri Bontha Ranga Reddy, advocate, Giddalur and on payment of Rs. 12,000.00 on or before the agreed date, the Kharar should be filed into Court and compromise decree obtained.

(3.) THE respondent (plaintiff) filed a counter denying all the allegations, by stating that it is all make-believe and is a result of concoction.