THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO A.S.NO. 1193 OF 2004 J U D G M E N T: Per the Hon'ble Sri Justice Ghulam Mohammed This appeal is filed against the judgment and decree dated 04.12.2003 passed in O.S.No. 10 of 1999 on the file of the II Additional District Judge at Warangal. The respondent-plaintiff filed the above said suit against the appellants-defendants for recovery of an amount of Rs.42,31,371/-, on the basis of an agreement executed between the parties for laying road from Chityal to Garimlapalli and to Morrikunta. The said suit was decreed for a sum of Rs.32,83,500/- with future interest at the rate of 9% per annum from the date of termination of the contract on 06.09.1997 till the date of realization with proportionate costs. It is represented that since the matter is pending for a long time, to give a quietus to the same, both the parties have agreed that the matter may be referred for conciliation, under Section 89 of the Code of Civil Procedure. The respondent has also filed A.S.M.P. No. 685 of 2009 seeking to expedite the hearing of the appeal itself and this Court by an order passed on 09.07.2009 directed to list the appeal for final hearing, in view of the fact that the contractor has agreed to receive the amount with 9% interest as awarded by the trial Court. Having regard to the facts and circumstances of the case, as huge amount is involved, in order to avoid further delay and in the interests of justice, we thought it appropriate to dispose of the appeal. The Appeal is accordingly disposed of. The matter is referred for conciliation, under Section 89 of the Code of Civil Procedure. The respondent shall file a claim petition within a period of three weeks from today. On such submission, the conciliator is directed to dispose of the same within a period of three months thereafter. It is needless to mention that pending this exercise, the interim order granted by this Court shall continue. No costs. --------------------------- Ghulam Mohammed, J --------------------------------- Nooty Ramamohana Rao, J 21st December 2009 ksld