IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE SIXTEENTH DAY OF NOVEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH AND THE HON'BLE SRI JUSTICE K.S. APPA RAO A.S. M.P. NO. 2427 OF 2011 AND A.S. No. 440 OF 2010 Between: Eege Yellaiah and others ..... Petitioners in both the application and appeal AND Eege Ramulamma and others Respondents in both The application and appeal The Court made the following : JUDGMENT: (per THE HON’BLE SRI JUSTICE V.ESWARAIAH) The appellants are the defendants in the suit filed by the first respondent herein for partition of A, B, C and D schedule properties into two equal shares and for allotment of one such share to the plaintiff with metes and bounds and the remaining half share to the defendants - appellants herein. All the parties to the appeal filed a Memorandum of Compromise in AS MP No. 2427 of 2011 under Order 23 Rule 3 CPC requesting to record the terms of compromise and dispose of the appeal suit in terms thereof. It is stated that though the court below passed a preliminary decree for division of A, B, C and D schedule properties into two equal shares and allotted one such share to the plaintiff and the remaining half share to the defendants – appellants herein, the plaintiff and defendants have agreed that the plaintiff shall have no right or title in respect of A, C and D schedule properties and insofar as the B schedule property is concerned, from out of total extent of Ac.3.20 guntas, the plaintiff is entitled to Ac.1.10 guntas and the defendants are entitled to the remaining Ac.2.10 guntas, with the boundaries mentioned in the application. The above terms of compromise are reduced into writing. The parties to the compromise are physically present before this Court and identified by each other and are also identified by their respective counsel appearing for them. Upon questioning by this court, the parties to the compromise agreed that they are aware of contents of the terms and conditions of the compromise. In view of the said fact, the appeal is disposed of in terms of the Memorandum of Compromise. The Registry is directed to draw a decree in terms of the compromise. The Appeal is decreed in terms of the compromise and the AS MP No. 2427 of 2011 is ordered accordingly. ________________ Justice V.Eswaraiah __________________ Justice K.S. Appa Rao November 16, 2011 MAS