IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: AT HYDERABAD Tuesday, this the 28th day of September, 2010 C.M.A.M.P.No.1996 of 2010 and C.M.A.No.553 of 2008 Between Vallamkondu Sreenivasulu … Petitioner/Appellant/ Petitioner and Vallamkondu Sowjanya … Respondent/Respondent/ Respondent THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR C.M.A.M.P.No.1996 of 2010 and C.M.A.No.553 of 2008 Oral Judgment: (per D.S.R.Varma, J.) Heard both sides. 2. This civil miscellaneous appeal is directed against the order and decree dated 13-12-2006 passed by the Additional Senior Civil Judge (Fast Track Court), Badvel, Kadapa district, full addition charge of the Senior Civil Judge, Proddatur in dismissing the petition O.P.No.9 of 2004 filed under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 seeking for dissolution of the marriage between the parties that took place on 18-02-2003 by granting a decree for divorce. 3. It has been represented by the learned counsel appearing for either party that the matter has been settled out of Court amicably. 4. During the pendency of the present appeal, both the parties entered into a settlement and to that effect, a petition C.M.A.M.P.No.1996 of 2010 under Order XXIII, Rule 3 C.P.C., has been filed before this Court enclosing a Memorandum of Compromise. 5. The said Memorandum of Compromise contains the signatures of both the parties as well as their respective counsel. Upon being questioned, the parties identified each other and were also identified by their respective counsel. They also identified their signatures on the Memorandum of Compromise. They further informed this Court that they are fully aware of the consequences of the Memorandum of Compromise and the conditions incorporated therein. 6. Having regard to the facts and circumstances and in view of the conditions mentioned in the Memorandum of Compromise as agreed to by the parties, who are physically present before this Court, the appeal as sought for, is to be allowed. 7. Consequently, the petition C.M.A.M.P.No.1996 of 2010 is allowed and as a consequence thereof, the appeal is to be allowed. 8. In the result, the civil miscellaneous appeal is allowed setting aside the impugned order and the marriage between the parties that took place on 18-02-2000 shall stand dissolved by granting a decree for divorce. 9. Registry is directed to draft a decree in terms of the conditions mentioned in the Memorandum of Compromise. 10. A copy of the Memorandum of Compromise be appended hereto, which shall form part of this judgment. ______________________________ JUSTICE D.S.R.VARMA ______________________________ JUSTICE B.CHANDRA KUMAR 28th September, 2010. Ak THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR C.M.A.M.P.No.1996 of 2010 and C.M.A.No.553 of 2008 (Judgment of the Division Bench delivered by DSRV, J.) 28th September, 2010. (Ak)