THE HON'BLE SRI JUSTICE B.PRAKASH RAO And THE HON'BLE SRI JUSTICE B.N.RAO NALLA A.S.NO.2121 OF 2004 JUDGMENT: (Per the Hon’ble Sri Justice B.Prakash Rao) Heard the learned Advocate General for the appellants- defendants and Sri S.Chakrapani, learned counsel for the respondent- plaintiff. At their request, the appeal itself is taken up for disposal at the interlocutory stage. The appellants-defendants filed this appeal under Section 96 of the Code of Civil Procedure, 1908, inter alia, seeking to assail the judgment and decree dated 19.02.2001 in O.S.No.97 of 1998 on the file of the V Additional District Judge, Visakhapatnam, filed to declare the letter of expulsion dated 30.07.1995 as arbitrary, capricious and void and further, to direct the defendants to pay a sum of Rs.79,94,621 - 40 ps towards the claim listed in the plaint with subsequent interest at 12% per annum and costs. After the regular trial, where both the sides let in their evidence, the suit was decreed for a sum of Rs.43,63,327/- with proportionate costs and interest at 12% per annum from 30.07.1995 on which date the contract was terminated under Ex.A47 without making the payment due to the plaintiff till the date of realization. Aggrieved thereby, the present appeal is filed by the appellants. When the matter came up for hearing, both the sides informed that as per the interim orders passed by this Court in C.M.P.No.3535 of 2004 dated 22.04.2004, it was directed to deposit the decretal amount. Subsequently, when the matter again came up before another Division Bench of this Court, as per the order dated 25.04.2008, an observation was made to the effect that the parties shall explore the possibility of resolving all the controversial issues by way of a dialogue or any other legally acceptable method. In terms thereof, learned counsel on either side represented that both the parties arrived at a settlement, as a result of which, the State issued G.O.Ms.No.27 dated 22.03.2010 wherein, the agreed amount of Rs.21,51,000/- was paid towards full and final settlement of the entire claim arising out of the decree. There is no dispute in regard to the payment of the said amount. Having regard to the settlement arrived at between the parties, nothing survives in the matter for further adjudication. Recording the same, the appeal is dismissed. No costs. _________________ (B.PRAKASH RAO, J) ________________ (B.N.RAO NALLA, J) 19th October 2010 RRB