THE HON’BLE SRI JUSTICE K.C.BHANU APPEAL SUIT No. 513 OF 2009 & A.S.M.P.No.239 of 2010 JUDGMENT: 1. The appeal is preferred by the appellants/defendants 1 and 2 aggrieved by the judgment and decree dated 01.06.2009 in Original Suit No.508 of 2008 on the file of the V Additional Senior Civil Judge, Guntur, which was filed by the respondent/plaintiff for recovery of Rs.5,23,482/-. The trial Court decreed the suit with costs against the first defendant, while dismissing the suit against the second defendant. 2. The first appellant/first defendant and the respondent/plaintiff are present in the Court. They are identified by their respective counsel. The first appellant produced his PAN card and the respondent produced his Driving Licence, which show their respective identity. They stated that during pendency of the appeal, the matter has been settled out of court, and in pursuance of the settlement, the first appellant herein paid a sum of Rs.2,30,000/- by way of Demand Draft bearing no.212790, dated 27.10.2009 drawn on State Bank of Hyderabad, A.T. Agraharam branch, Guntur, and the same was handed over to the respondent on 2.11.2009. The respondent stated that he received the above Demand Draft towards full and final settlement of the claim in Original Suit No.508 of 2008 on the file of the V Additional Senior Civil Judge, Guntur, and he has no objection to dismiss the suit. To that effect, a compromise petition in A.S.M.P. No.239 of 2010 has been filed in this appeal, incorporating memorandum of terms of compromise signed by both the parties. In view of the fact that both the parties settled the matter out of court and the compromise has been effected between the parties, there is no impediment for recording the compromise, and therefore, the judgment and decree passed by the trial Court are liable to be set aside. 3. In the result, the Appeal Suit and A.S.M.P.No.239 of 2010 are allowed setting aside the judgment and decree dated 01.06.2009 in Original Suit No.508 of 2008 on the file of the V Additional Senior Civil Judge, Guntur, and the suit is dismissed as compromised. No costs. ------------------- (K.C.Bhanu, J.) 15.2.2010 Drk THE HON’BLE SRI JUSTICE K.C.BHANU APPEAL SUIT No. 513 OF 2009 & A.S.M.P.No.239 of 2010 Date: 10.2.2010 Between: M/s. Sai Tobacco Company, rep. by its Proprietor & another …Appellants And M/s. S.Balaiah & sons rep. by its Proprietor …Respondent THE HON’BLE SRI JUSTICE K.C.BHANU APPEAL SUIT No. 513 OF 2009 & A.S.M.P.No.239 of 2010 15.2.2010