IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE K.S.APPA RAO A.S. NO.396/2010 and ASMP NO.2174/2011 DT. 28–9-2011 Between: Bandi Pullaiah and others … Appellants /defendants And Dondeti Sarojinamma … Respondent/Plaintiff This Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE K.S. APPA RAO A.S. NO.396/2010 and ASMP NO.2174/2011 JUDGMENT: (Per Hon’ble Sri Justice A.GOPAL REDDY) This appeal by the defendants is directed against the judgment and decree passed by the I Additional District Judge, Khammam in OS No.10/2005 dt. 8-3-2010, whereby learned Judge decreed the suit filed for specific performance of agreement of sale dt. 20-9-2005 directing the defendants to receive balance of sale consideration of Rs.71,90,000/- (Rupees seventy one lakhs ninety thousand only) within one month from the date of judgment and decree from the plaintiff and execute a registered sale deed, failing which plaintiff will be entitled to get the sale deed executed through Court. Pending appeal, both parties entered into compromise and to that effect ASMP No.2174/2011 has been filed before this court to record the compromise and dispose of the appeal in terms of the compromise. In the compromise memo, it has been specifically mentioned that the appellants/defendants have agreed to return the earnest money paid by the respondent/plaintiff at the time entering into an agreement of sale with interest at 24% per annum and the same has been received and acknowledged by the respondent/plaintiff towards full and final settlement of the claim. Both parties and their counsel are present before this court. The signature of the plaintiff has been identified by the counsel for the respondent/plaintiff. When enquired the respondent/plaintiff about the compromise, she asserted that she settled the matter with the appellants/defendants; received Rs.16,00,000/- (Rs. Sixteen lakhs only) towards full and final settlement of her claim under Ex.A-1 and relinquished her right over the suit schedule property. In view of the same, ASMP No.2174/2011 is allowed and the appeal is disposed of in terms of the memorandum of compromise. Consequently, suit OS No.10/2005 on the file of I Additional District Judge, Khammam shall stand dismissed. There shall be no order as to costs. This court by order dt. 15-6-2010 granted stay subject to the condition of the appellants depositing a sum of Rs.25,000/- (Rs. Twenty five thousand only) towards part of the costs within four week to the credit of the suit. It is represented that the conditional order passed by this court dt. 15-6-2010 has been complied with. But, there is no mention in the memorandum of compromise as to who is entitled to receive the same. Learned counsel for the appellants/defendants fairly concedes that the plaintiff is entitled to receive the costs lying to the credit of the suit. In that view of the matter, the plaintiff is at liberty to receive the costs deposited pursuant to the conditional order passed by this court dt. 15-6-2010. ____________________ A.GOPAL REDDY, J __________________ K.S.APPA RAO, J Dt. 28–9-2011 KMR