IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE B.N.RAO NALLA CMA MP.823/2010 in CMA.332/2005 & C.M.A.332/2005 & CMA.334/2010 CMAMP.823/2010: Between: 1. Challagari Brahmaiah (died) 2. Challagari Venkata Kotamma (Proposed Appellant) ..... PETITIONERS/APPELLANTS AND Challagari Malleshwari .....RESPONDENT CMA.332/2005: Between: Challagari Brahmaiah ..... PETITIONER/APPELLANT AND Challagari Malleshwari .....RESPONDENT CMA.334/2010: Between: 1. Challagari Brahmaiah (died) 2. Challagari Venkata Kotamma (Proposed Appellant) ..... PETITIONERS/APPELLANTS AND Challagari Malleshwari .....RESPONDENT The Court made the following: THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON'BLE SRI JUSTICE B.N.RAO NALLA CMA MP.823/2010 in CMA.332/2005 & C.M.A.332/2005 & CMA.334/2010 COMMON ORDER: (per Hon’ble Sri Justice V.Eswaraiah) CMAMP.823/2010 is filed to record compromise and dispose of the CMAs in terms of compromise memo. Challagiri Brahmaiah, appellant in CMA.332/2005 is the husband of respondent-Challagiri Malleshwari. It is stated that the said Brahmaiah expired on 03.03.2005 during pendency of the appeal. It is stated that before his death, he married one Venkata Kotamma, who is brought on record, representing the appellant in CMA.332/2005, with the consent of respondent-Challagiri Malleshwari. Firstly, the wife-Challagiri Malleswari filed HMOP.263/2002 against the husband-Challagiri Brahmaiah under Sec.9 of the Hindu Marriage Act on the file of the Principal Senior Civil Judge, Guntur for restitution of conjugal rights. Later, the husband-Challagiri Brahmaiah filed HMOP.251/2004 against his wife Challagiri Malleswari under sec.13(ia) and (ib) of the Hindu Marriage Act seeking to dissolve their marriage dated 06.05.1978 on the ground of cruelty in the same Court. The Court below after appreciation of evidence and material available on record, dismissed both the OPs filed by the wife as well as the husband by a common order dated 30.12.2004. Aggrieved by the same, the husband-Challagiri Brahmaiah filed CMA.332/2005. During pendency of the CMA, the husband-Challagiri Brahmaiah died and one Challagiri Venkata Kotamma came on record representing the appellant-Challagiri Brahmaiah with the consent of respondent- Challagiri Malleswari. CMA(SR).46603/2005 was in fact filed by one Challagiri Venkata Kotamma with the status of second wife of Challagiri Brahmaiah against order dated 30.12.2004 in HMOP.251/2004 on the file of the Principal Senior Civil Judge, Guntur. It is stated that during pendency of these two appeals, both the first wife and second wife of Challagiri Brahmaiah entered into compromise at the instance of the elders and well-wishers, and accordingly the terms and conditions of compromise have been reduced into writing and both of them filed a joint compromise memo to that effect. As per the terms of compromise, the second wife-Challagiri Venkata Kotamma has agreed to pay a sum of Rs.5,00,000/- (Rupees five lakh only) to the first wife-Challagiri Malleswari and accordingly handed over a pay order No.179336, dated 22.03.2010 for an amount of Rs.5,00,000/- (Rupees five lakh only) drawn on Syndicate Bank, District Courts Branch, Guntur to Challagiri Malleswari towards full and final settlement of all claims. The first wife-Challagiri Mallaeswari agreed that she will not claim any amount out of the terminal benefits accrued consequent upon the death of late Challagiri Brahmaiah and she will also not claim employment in ITDA,Srisailam under deceased quota. Having regard to the facts and circumstances of the case, the compromise is recorded and CMAMP.823/2010 is allowed. Consequently, the CMA.332/2005 and CMA.334/2010 are disposed of in terms of the Joint Compromise Memo. No order as to costs. ___________________ V.ESWARAIAH,J _____________________ B.N.RAO NALLA,J Dated: 19.04.2010 Dsr Note: Furnish copy in one week B/o Dsr