HON’BLE SRI JUSTICE V. ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI L.A.A.S.M.P.No. 529 of 2010 and L.A.A.S.No.440 of 2009 Date: 12-05-2010 Between: Sultan Ahmed Khan ……………..Petitioner/Appellant and Fazal Ahmed Khan and others ……………… Respondents HON’BLE SRI JUSTICE V. ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI L.A.A.S.M.P.No. 529 of 2010 and L.A.A.S.No.440 of 2009 COMMON ORDER: (Per Hon’ble Sri Justice V. Eswaraiah) This Appeal was already dismissed against respondent Nos.2 to 11 as not pressed. The Respondent No.12 is only a formal party. Therefore, the Appeal survives against the first respondent alone. The Appellant is the second respondent in L.A.O.P.No.867 of 2004 on the file of the Principal District and Sessions Judge, Ranga Reddy District at L.B. Nagar, Hyderabad, wherein on a Reference made by the Special Deputy Collector (LAO) under Sections 30 and 31 of the Land Acquisition Act, with regard to the right and apportionment of the compensation amount, the Reference Court held that the first respondent herein is declared as owner of the acquired land admeasuring Acs.159- 34 guntas in Sy.No.123 to 139 of Mamidipally Village, Saroornagar Mandal, R.R. District and he alone is entitled for the entire compensation amount of Rs.5,53,97,950/- with interest accrued thereon in the FDRs. Accordingly, the Award was passed answering the Reference under Section 30 of the Land Acquisition Act. Aggrieved by the same, the second respondent therein filed the present Appeal. The Appellant and the first respondent filed L.A.A.S.M.P.No.529 of 2009 for recording the memorandum of the compromise filed by them. It is stated that the Petitioner-Appellant, being the son of the elder brother of the first respondent and close relative and at the intervention of the elders and relatives, both the parties have compromised the matter in the following manner: 1) The appellant hereby agrees to receive a sum of Rs.60,00,000/- (Rupees sixty lakhs only) towards full and final settlement from Respondent No.1 towards this appeal and also in respect of all other properties i.e., movable or immovable properties of Respondent No.1, the Appellant hereby agrees to the same and also he has no rights or claims over the properties owned by Respondent No.1. The respondent herein agrees to the same. 2) The total amount Rs.1,77,62,664/- and interest accrued therein is lying to the credit of LAOP No.867 of 2004 on the file of District Judge, Ranga Reddy District. Out of the said amount, the Appellant herein can claim a sum of Rs.60,00,000/- (Rupees sixty lakhs only) towards his share and the Respondent No.1 herein can claim remaining balance amount lying in the above O.P. The both the parties has no objection for the same. 3) The Appellant and Respondent No.1 herein agrees to file a separate applications for issuance of cheques for the amounts of their shares before the Hon’ble District Judge, Ranga Reddy District where the amount is lying to the credit of LAOP No.867 of 2004. 4) The appellant hereby agrees that he will not claim any share or rights through “oral hiba” dated 13.05.2007 stated to have been pronounced by Respondent No.1 and later stated to have been executed a “Memorandum of Past Gift Deed”, dated 17.04.2008 by Respondent No.1 and over the properties mentioned therein as below: a) Flat bearing No.504 on 5th Floor in the premises No. 10-3-280/281/A and also MCH No.10-3-280/281/A/504 with built up area of 1070 sq. feet in name and style “PREMIER ENCLAVE” Humayun Nagar, Hyderabad. b) Premises bearing Municipal No.3-5-139, admeasuring 34x19 sq. feet consisting of ground floor and first floor, situated at Ramkote, Hyderabad bounded by North: H.No.3-5-140, South: Land, East: H.No.3-5-138, West: Eden Garden Main Road. c) Premises bearing Municipal No.10-3-69/1/19/20, admeasuring 180 sq. yards, situated at Royal Colony, Humayun Nagar, Hyderabad. d) Premises bearing Municipal No.3-5-136, admeasuring 896 sq. fts., situated at Ramkote, Hyderabad, bounded by North: H.No.3-5-135, South: H.No.3-5-137, East: Lane, West: H.No.3- 5-140. e) Lands in Sy.Nos.125, 126, 127, 128, situated at Mamidipally Village, Saroor Nagar Mandal, Ranga Reddy District, admeasuring Ac.8.24 guntas after acquisition of land for R.G.I. Airport. f) Other properties situated at Nallakunta in Hyderabad District, Warangal and Karimnagar District. 5) The appellant hereby agrees to withdraw all the cases filed by him against the Respondent No.1, which are pending i.e., O.S.No.2 of 2010 pending on the file of II Additional Chief Judge, City Civil Court, Hyderabad, O.S.No.1498 of 2010 pending on the file of IX Junior Civil Judge, City Civil Court, Hyderabad and R.C.No.10 of 2010 filed against Mir Azam Ali pending on the file of III Additional Rent Controller, Hyderabad and also agreed to withdraw the Objection Petition filed by the appellant to the application filed by Respondent No.1 for obtaining pattadar pass books and title deeds before the Tahsildar, Saroornagar Mandal, R.R. District and the Respondent No.1 agreed to withdraw the Crime No.116 of 2010, dated 08.04.2010 on the file of P.S. Humayun Nagar, Hyderabad which was filed against the Appellant herein. Parties shall bear their own costs.” Having regard to the facts and circumstances of the case, the aforesaid memorandum of compromise is recorded. Accordingly, the L.A.A.S.M.P. is allowed. Consequently, the Appeal is disposed of in terms of the aforesaid memorandum of compromise holding that the Petitioner-Appellant is entitled to claim Rs.60,00,000/- and the first respondent is entitled to claim the remaining balance amount along with interest accrued thereon lying to the credit of L.A.O.P.No.867 of 2004 on the file of the District Judge, R.R. District at L.B. Nagar. _______________ V. ESWARAIAH, J ______________ NOUSHAD ALI, J Date: 12-05-2010 YCR