Authority: High Court for the State of Telangana, Hyderabad

Order Date: 08 April 2021

Case Overview

  • Parties: Appellant/Defendant No.2 N. Hanumanth Reddy (retired government servant) vs. Respondent No.1 Plaintiff N. Bhoomi Reddy and Respondent No.2 N. Venkat Reddy, together with additional respondents (Smt Naram Vasantha, Smt N. Sreeja, Sainath Reddy, Smt Naram Yadamma). Advocates: G. Madhusudhan Reddy for appellant, I. Ramesh for respondent No.2.
  • Appeal under Section 96 CPC against judgment and decree dated 11/02/2009 in OS No.283 of 1997 (Senior Civil Judge, Ranga Reddy).
  • Petition under Order 23 Rule 3 CPC (I.A. No.2 of 2021) seeking decree based on a Memorandum of Compromise signed by parties on 06/04/2021.

Final Outcome

  • Court records the Memorandum of Compromise and disposes the appeal in terms of that compromise; no order as to costs.
  • Division of Suit Schedule Properties:
  • Schedule A – Item 1 & 2: Land Sy. No.72 (3‑18 guntas) and Sy. No.69 (2‑07 guntas) at Kismathpur Village, each party receives half (1‑29 guntas and 1‑03.5 guntas respectively).
  • Schedule A – Item 3: Land Sy. No.14/AA (5‑21 guntas) – appellant previously sold 2‑31 guntas to Rudra Infrastructure (Document No. 3751/2019). Remaining 50% undivided share (2‑31 guntas) allotted to appellant; the other 50% (2‑30 guntas) to respondent.
  • Schedule B: Residential house D.No.1‑54 (≈200 sq yd) at Kismathpur Village – divided equally, each receiving 50% share.
  • Schedule C: Land Sy. No.29/1 (3‑22 guntas) at Bandlaguda Jagir Village – parties agree to joint development into an apartment project with Ashoka Builders & Developers Ltd.
  • Joint Development Agreement terms:
  • Appellant entitled to fixed 1,20,000 sq ft of super‑built‑up area in the apartment project.
  • Respondent No.2 entitled to fixed 50,000 sq ft of super‑built‑up area.
  • Remaining super‑built‑up area to be retained by the developer.
  • Parties and their successors must execute Joint Development Agreements‑cum‑General Powers of Attorney in favor of Ashoka Builders for the parcels in Sy. No.14/AA and Sy. No.29/1.
  • All unregistered or registered interests created over the suit properties shall be modified or cancelled at the cost of the creating party.
  • Respondents 3 to 6 expressly waive any future claims on the properties.
  • Parties to file necessary affidavits and documents to implement the decree and withdraw all pending cases in Ranga Reddy and Revenue courts.
  • The decree is final; no further objections or claims shall be made by any party or their successors.

Topics: Land Settlement, Joint Development