THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO SECOND APPEAL No. 362 of 2009 Date: 23.10.2009 Between: Dhole Vitaba & another …….. Appellants and Vankaada Vasanth …….Respondent THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO SECOND APPEAL No. 362 of 2009 J U D G M E N T: Heard Sri Nazeer Khan, learned counsel for the appellants and Sri S. Chandrasekhar, learned counsel for the respondent-plaintiff. This Second Appeal arises out of the decree and judgment, dated 13th February 2009 rendered by the District Judge, Adilabad in A.S. No. 4 of 2006. The appellants are the defendants in the suit, O.S. No. 169 of 2002, instituted by the respondent herein in the Court of the Junior Civil Judge, Adilabad. It is not in dispute that the respondent-plaintiff’s daughter was given in marriage to the 1st appellant herein, but she met with a premature death and also in suspicious circumstances. Therefore, the suit has been instituted by an aggrieved father seeking to recover the amount said to have been paid to the 1st appellant, as consideration for getting married to his daughter. The suit was decreed and the appeal preferred thereagainst has failed and thus, the present Second Appeal has come about. Wise counsel prevailed. The appellants have filed a memo into the Court today that they are ready and willing to pay back the decretal amount to the respondent-plaintiff, as the respondent-plaintiff had paid the said amount not as a consideration or towards any obligation for getting married to his daughter, but purely out of his affection towards the 1st appellant herein. Be that as it may, it would be appropriate to note that the amount paid by the respondent-plaintiff be recognized as a gift made to the 1st appellant at the time of his wedding. In the memo, the appellants have shown their eagerness to repay the said amount, as it might bring some solace to the respondent-plaintiff whose daughter is no more. I, therefore, consider it appropriate to take the memo filed by the learned counsel for the appellants on record and modify the decree and judgment rendered in O.S.No. 169 of 2002 by directing the appellants herein to refund/return the entire decretal amount treating the same as to have been received by them as a gift made by the respondent-plaintiff. The appellants are directed to return the entire money by way of a crossed account payee demand draft/pay order, drawn in favour of the respondent-plaintiff, on or before 30th January 2010. With this, the Second Appeal stands disposed of at the stage of admission. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 23rd October 2009 Note: CC in a week’s time ksld