THE HON’BLE SMT JUSTICE T.MEENA KUMARI AND THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA ASMP No.1376 of 2010 in A.S.NO.100 OF 2008 JUDGMENT: ( Per the Hon’ble Sri Justice Gopala Krishna Tamada) This appeal is directed against the decree and judgment in O.S.No. 9 of 2003 on the file of the Principal District Judge, East Godavari District, Rajahmundry, dated 29-01-2007. The respondent-plaintiff approached the Court below and filed the above suit for specific performance of agreement of sale dated 7- 10-1998 and for taking possession of the plaint schedule property or alternatively for recovery of Rs.4,66,200/- with subsequent interest at 24% per annum. After a detailed trial, the learned Principal District Judge, vide his decree and judgment dated 29-01-2007, though refused to grant the relief of specific performance of agreement of sale, granted alternative relief i.e., payment of Rs.4,66,200/- with subsequent interest at 24% per annum from the date of suit. As against the said decree and judgment, the appellants herein approached this Court and filed the appeal. As the relief of specific performance of agreement of sale was not granted, the respondent also filed A.S.No.359 of 2007 When these appeals are pending before this Court, it appears, the parties entered into compromise and accordingly, the said compromise was reduced into writing. The terms of memorandum of compromise are as follows: i) The petitioners have agreed to pay a sum of Rs.7,00,000/- to the respondent towards full and final settlement of all the claims. ii) The petitioners have already paid a sum of Rs.7,00,000/- to the respondent by way of cash and the same is acknowledged herewith by the respondent. iii) The respondent has agreed to file a full satisfaction memo in the lower Court and also withdraw A.S.No.359 of 2007 filed b her. iv) The parties have agreed to bear their own costs. Heard the learned counsel on either side. Today, when the matter is taken up for hearing, the parties are present and when questioned, the respondent by name Manda Suryakantham stated that she received the said amount of Rs.7,00,000/- and she is not particular of passing a decree for specific performance of agreement of sale. In the light of the said compromise entered into between the parties and in view of the fact that the amount has already been received by the respondent-plaintiff, we direct that the decree passed by the Court below shall be in accordance with the Memorandum of Compromise. Accordingly, ASMP No.1376 of 2010 is ordered and the appeal stands disposed of. _____________________________ (JUSTICE T.MEENA KUMARI) ______________________________________ (JUSTICE GOPALA KRISHNA TAMADA) rkk Dated: 20-07-2010