IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD MONDAY THE NINTH DAY OF JUNE TWO THOUSAND AND EIGHT : PRESENT: THE HON'BLE SRI JUSTICE: L.NARASIMHA REDDY SECOND APPEAL No. 196 of 1998 (Appeal under Section 100 of CPC against the decree and judgment of the Court of the District Judge, Karimnagar, made in A.S.No.1 of 1989 dated 13-7-1992, preferred against the decree and judgment of the Court of the Prl. District Munsif, Karimnagar, made in O.S.No.790 of 1982 dated 30-11-1988.) Between: 1. Kasetti Venkat Ramaiah S/o.Narasaiah (died) , L.Rs Appellants 6 to 8 2. Sathineni Rajamallu, S/o. Agaiah 3. Sathineni Rajaiah, S/o. Agaiah, (died) , L.Rs Appellants 9 to 12 4. S. Narayana S/o. Agaiah, 5. S. Mallaiah S/o. Agaiah 6. Kasetti Bhoomaiah, S/o. late Venkata Ramaiah, 7. Kasetti Chandraiah, S/o.late Venkat Ramaiah 8. A. Chandramma, w/o. Mallaiah, (Appellants 6 to 8 are brought on record as LRs of the deceased Appellant No.1 vide Court order dt. 25-9-98, in CMP.19130/98) 9. S Laxmi Devi, W/o. S Rajaiah 10. Vasantha, D/o. S. Rajaiah 11. K. Bhulaxmi, D/o. S. Rajaiah, 12. M. Radha, D/o. S. Rajaiah, (Appellants 9 to 12 are brought on record as LRs of the deceased Appellant No.3 as per Court order dt.15-6-2004 in CMP.7379/04) Appellants AND 1. Sathineni Mallaiah, S/o. Venkata Kishthaiah, R/o. Arepalli Village of Karimnagar District. 2. Sathineni Mallamma W/o. Rajaiah, R/o. Arepalli Village of Karimnagar Dist. Respondents The Appeal coming on for hearing upon perusing the memo of grounds filed therein and the order of the High Court dated. 14-11- 2007 made herein and upon hearing the arguments of Sri. P.V..Narayana Rao, Advocate for the Appellants and of Sri. I. Aga Reddy, Advocate for Respondents, the Court made the following ORDER: “ Through an order, dated. 14-11-2007, this Court called for a finding from the Court of the Principal Junior Civil Judge, Karimnagar as to who among the parties herein are in possession of the land in Sy.No. 107/A of Arepalli Village, ever since 1960. ..2.. To the surprise of this Court, the learned Principal Junior Civil Judge addressed a letter, dated. 12-03-2008, stating that the parties have filed an Interlocutory Application under Order 23 Rule 3 C.P.C. with a prayer to record compromise and that he had ordered it. The only function assigned to the learned Principal Junior Civil Judge was to record a finding, whereas he has far exceeded the scope thereof and recorded a compromise though the suit, as such, was not before him. The learned Principal Junior Civil Judge, Karimnagar is directed to submit a report as to the circumstances that led to the recording of compromise by him. This Court is of the view that the appellants as well as the respondents in the second appeal have misused the process of the Court and have misled the trial Court to record a compromise, though the second appeal was pending before this Court. They are directed to appear before this Court on 20-06- 2008 and explain as to why necessary action shall not be taken against them. Post on 20-06-2008.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Principal Junior Civil Judge, Karimnagar. (By Speed Post along with a copy of memo of grounds) 2. The District Judge, Karimnagar. 3. The Prl. District Munsif, Karimnagar 4. Sathineni Rajamallu, S/o. Agaiah, R/o. Arepalli Village of Karimnagar District. 5. S. Narayana S/o. Agaiah, R/o. Arepalli Village of Karimnagar District. 6. S. Mallaiah S/o. Agaiah, R/o. Arepalli Village of Karimnagar District. 7. Kasetti Bhoomaiah, S/o. late Venkata Ramaiah, R/o. Arepalli Village of Karimnagar District. 8. Kasetti Chandraiah, S/o.late Venkat Ramaiah, R/o. Arepalli Village of Karimnagar District. 9. A. Chandramma, w/o. Mallaiah,R/o. Burugupalli Village, Gangadhara , Karimangar District. 10. S Laxmi Devi, W/o. S Rajaiah R/o. Arepalli, M.R. Karimnagar, Karimnagar District.. 11. Vasantha, D/o. S. Rajaiah, R/o. Arepalli, M.R. Karimnagar, Karimnagar District. 12. K. Bhulaxmi, D/o. S. Rajaiah, R/o. Arepalli, M.R. Karimnagar, Karimnagar District. 13. M. Radha, D/o. S. Rajaiah, R/o. Arepalli, M.R. Karimnagar, Karimnagar District. 14. Sathineni Mallaiah, S/o. Venkata Kishthaiah, R/o. Arepalli Village of Karimnagar District. 15. Sathineni Mallamma W/o. Rajaiah, R/o. Arepalli Village of Karimnagar Dist.( 4 to 15 By RPAD with a direction to appear before this Court on 20-06-2008 at 10.30 A.M.) 16. One CC to Sri. P.V. Narayana Rao, Advocate High Court of A.P., Hyderabad. (By Spl. Messenger) 17. One CC to Sri. I. Aga Reddy, Advocate, High Court of A.P., Hyderabad. (By Spl. Messenger) 18. One Spare copy. SAH HIGH COURT LNRJ DATED. 09-06-2008 NOTE: POST ON 20-06-2008 ORDER SA.NO. 196 OF 1998 DIRECTION DRAFTED BY: SAH APPROVED BY: DRAFTED ON: 10-06-2008 HIGH COURT LNRJ DATED. 09-06-2008 NOTE: POST ON 20-06-2008 ORDER SA.NO. 196 OF 1998 DIRECTION