IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO A.S.M.P.NO. 2278 OF 2009 AND A.S.NO. 563 OF 2008 DATE: 24.12.2009 Between: Sri M. Raghav Reddy S/o M. Venkat Ram Reddy, Hyderabad ..... PETITIONER AND Sri M. Chamala Kiran Kumar Reddy and two others .....RESPONDENTS JUDGMENT: (per Sri Ghulam Mohammed, J) The appellant is the first defendant. First respondent- plaintiff filed a suit for specific performance of agreement of sale in respect of agricultural land to an extent of Ac. 7.00 forming part of Schedule ‘A’ property , which was decreed by the trial court . The suit was decreed in respect of Schedule ‘A’ and in respect of Schedule ‘B’ an extent of Ac. 7.30 gts was rejected by the trail Court. However, during the pendency of the appeal both the appellant as well as the respondents agreed to receive the compensation by dividing the land into two categories. Now both the parties have entered into an agreement and filed a compromise memo under Order XXIII Rule 3 of CPC praying that the suit can be decreed to an extent of Ac. 3.20 guntas within ‘A’ Scheduled property, which is described in the Schedule and under the Plan. Sri M. Raghava Reddy, appellant and Sri M. Chamala Kiran Kumar Reddy, respondent are present before this Court and affixed their signatures in the presence of their advocates. It is represented that the plaintiff-respondent herein deposited a sum of Rs. 62,00,000/- pursuant to the decree passed by the trial court and the same is lying to the credit of the suit. It is stated that the suit is decreed in part in respect of ‘A’ Schedule property. Hence, the trial Court is directed to return the amount of Rs. 62,00,000/- including interest accrued therein to the plaintiff- respondent herein. Accordingly, the appeal is disposed of in terms of compromise as stated above. There shall be no order as to costs. GHULAM MOHAMMED, J NOOTY RAMA MOHANA RAO,J DATE: 24.12.2009 KA NOTE: Furnish copy in two days. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies