IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 1842 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 18/12/2008 in WP NO : 22639 OF 2008 on the file of the High Court.) Between: 1 Sri Md. Yousuf, S/o. Late G.A. Jaleel, R/o. 58/169, Kamsala Street, Rayachoti, Kadapa District. 2 G.A. Kaleem, S/o. Late G.A. Jaleel, R/o. 58/169, Kamsala Street, Rayachoti, Kadapa District. 3 B.S. Ghousiya Begum, W/o. B.S. Mohammed Shajahan, D.No. 1/709, Dwaraka Nagar Colony, Kadapa District. 4 G.M. Sayeed, S/o. Late G.A. Jaleel, Ro. 58/169, Kamsala Street, Rayachoti, Kadapa District. 5 J. Fouzia Begum, W/o. J.Md. Abid, Near Radhika Talkies, Bellary, Karnataka State. 6 S. Aliya Begum, W/o. Shaik Kareem Shah Ali, Near Jagadamba Hospital, Gandhi Nagar, Hyderabad. ..... APPELLANT(S) AND 1 G. Abdul Sattar, S/o. Abdul Jaleel, Sony Raj Theatre, Bus Stand Road, Rayachoty, Kadapa District. 2 The Government of Andhra Pradesh, Rep. by its Principal Secretary Home, (General A1) Department, Secretariat, Hyderabad. 3 The Joint Collector, Kadapa District, Kadapa. 4 The Thasildar, Rayachoty, Kadapa District. .....RESPONDENT(S) Counsel for the Appellants: SRI S.SRIDHAR Counsel for the RespondentS: GP FOR HOME The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 1842 of 2008 JUDGMENT: (per Hon’ble Smt. Justice T. Meena Kumari) On the earlier occasion, a joint memo was filed by appellants and 1st respondent, who have compromised the matter. Terms of compromise are incorporated in the said joint memo, dated 29.1.2009 and the condition No.5 of the said joint memo is as follows: “5. The above said agreed amount will be paid by the appellants to the 1st respondent in the following manner: (a) Rs.40,00,000/- (Rupees Forty Lakhs only) is undertaken to be paid within 3 (three months) from the date of the execution of these presents i.e., by 29.4.2009. (b) Rs.1,26,00,000/- (Rupees One Crore Twenty Six Lakhs only) is undertaken to be paid within 13 (Thirteen) months from the date of these presents i.e., by 1.3.2010.” It is also stated in the joint memo that steps will be taken for grant of permanent licence in the name of G.M. Sayeed, his brothers and sisters excluding the first respondent in respect of two theaters and complexes. Today, a supplement joint memo is filed in continuation of the earlier joint memos, signed by all the parties. It is stated that an amount of Rs.40,00,000/- (Rupees Forty Lakhs only) was paid to the respondent by way of Demand Drafts bearing Nos.(1) 146995, dated 6.4.2009 drawn on SBI, Rayachoti for a sum of Rs.8 Lakhs (Rupees Eight Lakhs) (2) No.146996 dated 6.4.2009 drawn on SBI, Rayachoti for a sum of Rs.8 lakhs (Rupees Eight Lakhs) (3) No.288662 dated 6.4.2009 drawn on Andhra Bank Rayachoti for a sum of Rs.7,76,000/- (Rupees Seven Lakhs Seventy Six thousand only) (4) No.288663 dated 7.4.2009 drawn on Andhra Bank, Rayachoti for a sum of Rs.9 lakhs (Rupees Nine Lakhs only) (5) No.183294 dated 8.4.2009 drawn on Rayalaseema Grameena Bank, Rayachoti for a sum of Rs.7,10,000/- (Rupees Seven Lakhs and Ten Thousand only) and an amount of Rs.14,000/- by way of cash and the respondent acknowledged the receipt of the same on 21.4.2009. It is further agreed that the keys of the Theatre (Soniraj DTS, Rayachoti) together with the symbolic possession of the complex along with the occupants will be handed over to the eldest member of the appellants in the writ appeal viz., to G.M. Sayeed, on 1.5.2009 subject to the verification of the status of the theatre by the appellants or their representatives and on such handing over of the complex, the appellants will sort out with the occupants as regards to their status. The respondent has agreed to withdraw the suit in O.S.No.14 of 2008 pending on the file of the V Additional District Judge, Rayachoti on the day when the said property involved in the said suit is sold under registered sale deed to Sri Janaki Ram in whose favour the appellants have already executed an agreement of sale with respect to the said property and on receipt of Rs.1,26,00,000/- by the respondent in the writ appeal. The respondent has also agreed to be an attesting witness to the said document. All the parties and their respective counsel are present before this Court and affirmed the above terms along with other terms mentioned in the supplement joint memo. In view of the supplement joint memo filed by the parties, we feel that nothing survives for adjudication in this appeal. Recording the terms and conditions in the supplement joint memo filed by the parties, the writ appeal is disposed of in terms thereof. The supplement joint memo and the earlier joint memos filed by the parties shall form part of the record. However, no order as to costs. _________________________ Justice T. Meena Kumari ____________________________ Justice VILAS V. AFZULPURKAR Date: 30th April, 2009 Nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 1842 of 2008 (Judgment delivered by the Hon’ble Smt. Justice T. Meena Kumari) 30th April, 2009