THE HON’BLE SRI JUSTICE K.C.BHANU Application No. 389 of 2010 in C.S. No. 13 of 1958 & Application No.390 of 2010 in Application No.389 of 2010 in C.S. No.13 of 1958 COMMON ORDER: Application No. 390 of 2010 is filed, under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908, to record compromise in terms of the Memorandum of Compromise dated 01.04.2010 in respect of the land admeasuring Ac.10.00 guntas situated in Survey no.170 (part) of Thokatta village, Trimulgherri mandal, Secunderabad, Hyderabad district, which was allotted to defendant no.2, as per the report of the Receiver in application No.82 of 1962 in C.S. No.13 of 1958 and thereafter assigned in favour of the applicants by his legal heirs/the respondents, the assignors herein, under assignment deed dated 29.09.2004, registered as document no.320 of 2004 on the file of the District Registrar, Hyderabad, more fully described and delineated in the six plans and schedule A, B, C, D,E and F annexed to the Memorandum of Compromise. Whereas, Application No.389 of 2010 is filed to pass a final decree in favour of the applicants in terms of the Memorandum of Compromise dated 01.04.2010 in respect of the aforesaid land. Mr. H.Venu Gopal, Advocate (392) filed special vakalat for the applicants. Mr. D.Krishna Reddy, Advocate (8864) filed special vakalat for the respondents. Both the counsel stated that the matter has been compromised. It is also admitted by the learned counsel for the respondents about the assignment deed in favour of the applicants 1 to 17, who are assignees, and as per the preliminary decree, an extent of Ac.25.00 guntas out of Ac.351.16 guntas, in survey no.170 of Thokatta village, Thirumalgiri mandal, Secunderabad, Hyderabad district, was allotted to the defendant no.2 and the delivery and possession have been delivered to defendant no.2. As the Defendant no.2 died, the respondents 1 to 12 were brought on record as the legal representatives of the defendant no.2. Their application has been accepted by this Court. The Advocate Commissioner, who was appointed, filed his report. The Commissioner’s report filed in Application NO.82 of 1962 in C.S. NO.13 of 1958 on the file of this Court, has been accepted by this Court. Further more, the names of the applicants have been mutated in the revenue records, after the death of the defendant no.2 in pursuance of the registered assignment deed. The applicants are claiming the right over an extent of Ac.10.00 guntas in survey no.170 (part) of Thokatta village, Thirumalgiri mandal, in pursuance of the compromise and the preliminary decree passed. The terms of compromise are not shown to be void or voidable, and they appear to be lawful. Therefore, there is no impediment for recording the compromise. Accordingly, the compromise is recorded and final decree is passed in favour of the applicants in terms of the compromise dated 01.04.2010 in respect of Ac.10.00 guntas of land situated in survey no.170 (part) in Thokatta village, Thirumalgiri mandal, Secunderabad, Hyderabad district, which was allotted to defendant no.2 as per the report of the Receiver. Accordingly, the Applications are ordered. --------------------- (K.C.Bhanu, J.) 29.04.2010 MD/YVL THE HON’BLE SRI JUSTICE K.C.BHANU Application No. 389 of 2010 in C.S. No. 13 of 1958 & Application No.390 of 2010 in Application No.389 of 2010 in C.S. No.13 of 1958 29.04.2010 THE HON’BLE SRI JUSTICE K.C.BHANU Application No. 389 of 2010 in C.S. No. 13 of 1958 & Application No.390 of 2010 in Application No.389 of 2010 in C.S. No.13 of 1958 29.04.2010 Between: V.Ashok & others …Applicants And Baqtawar Begum & others …Respondents