IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU SECOND APPEAL No.1112 OF 2008 Between: B. Hazari Nath Sidh, S/o. Budha Nath Sidh ..... APPELLANT AND K. Mallaiah, S/o. K. Bogaiah ....RESPONDENT The Court made the following: THE HON'BLE SRI JUSTICE K.C. BHANU SECOND APPEAL No.1112 OF 2008 JUDGMENT: This Second Appeal, under Section 100 of the Code of Civil Procedure, 1908, is filed against the Judgment, dated 30.07.2008, in A.S.No.64 of 2005, on the file of I Additional Chief Judge, City Civil Court, Secunderabad, whereunder and whereby, the Judgment, dated 15.02.2005, in O.S.No.953 of 2000, passed by I Junior Civil Judge, City Civil Court, Secunderabad, was confirmed. 2. Both the parties are present. They are identified by the respective learned counsel. They filed a Joint Memorandum of Compromise, dated 25.02.2010, praying to record the compromise and dispose of the appeal in terms thereof. 3. The terms of compromise are as follows: “1. Whereas, in terms of the compromise, the appellant herein has agreed to vacate the suit premises by 31.12.2010. 2. The respondent herein has agreed to refund the already held advance/security deposit of Rs.1,75,000.00/- (Rupees one lakh seventy five thousand only) to the appellant herein before 31.12.2010, without any interest over the same, and the appellant has agreed to receive the same. The appellant has agreed to vacate the suit premises only subject to payment of above referred amount. 3. The appellant herein agrees not to object the withdrawal of the rents lying in the Court deposit, by the respondent No.2 herein. The appellant is depositing the rents as Rs.1,900/- per month which comes to Rs.2,14,750/- (Rupees two lakhs fourteen thousand and seven fifty only) till December, 2010. If appellant fails to deposit the rent upto date the balance i.e., the rents if due will be deducted by the respondent from the deposit and if any short fall of rent is there the balance is to be paid by the appellant herein. 4. In case of default by either parties, the respondent shall be entitled to execute the decree passed by the trial Court. 5. There is no claim or counter claim pending inter-se between the parties herein, pursuant to the present compromise. 6. Both the parties agreed to bear their own costs of the present appeal. 7. Having arrived at consensus with regard to the above terms of compromise, the appellant and the respondent herein have signed the present memorandum of compromise on this 25th day of February, 2010 at Hyderabad.” 4. In view of the above, compromise is recorded. Accordingly, the Second Appeal is disposed of in terms of the compromise. Incorporate the terms of compromise in the decree. There shall be no order as to costs. _______________ K.C. BHANU, J February 25, 2010 MD/YVL