Telangana High Court
CMA/1217/2018 of N MAN MOHAN RAJ Vs CHURCH OF SOUTH INDIA TRUST ASSOCIATION on 31 December 2021
COURT FOR THE STATE OF TELANGANA AT HYDERAB.AD FRIDAY, THE THIRTY FIRST DAY OF DECETMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE P. NAVEEN RAO AND THE HONOURABLE SMT. JUSTICE P.SREE SUDHA CIVIL MISCEL LANEOU S APPEAL NO i 1217 0F 2018 Appeal Under order 43 Rule 1 of cpc
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERAB.AD
FRIDAY, THE THIRTY FIRST DAY OF DECETMBERTWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRI JUSTICE P. NAVEEN RAOANDTHE HONOURABLE SMT. JUSTICE P.SREE SUDHA
CIVIL MISCEL LANEOU S APPEAL NOi 1217 0F 2018
Appeal Under order 43 Rule 1 of cpc against the order/decree in 1A.No.1285 of2014 in o.s,No.50 of 2014 dated 23.10,2018 on the fire of the court of the principarDistrict Judge at Nizamabad.
Between:
N. IVlan Mohan Rai,-Slo_ late Venkatrajam Garu, aged about g0 years, Occ:Senior Advocate, r.tci s-o-sr oia, slrrs,iriinl r.raeiar, Nizamabad .Appel lants/Petitioner/Plai ntiffs
AND
church of South rndia Trust Association, Armoor represenied by church ofSouth lndia, Medak Diocese, Diocesan office, 1O_3_i 65, Church'Htuse-. O-laLance Lane, Secunderabad -5oo02s represented oy its'cen rrotobiFin#.i"rAdministrator and Moderators Commissary.Trust Association, Armoor represenied by church ofSouth lndia, Medak Diocese, Diocesan office, 1O_3_i 65, Church'Htuse-. O-laLance Lane, Secunderabad -5oo02s represented oy its'cen rrotobiFin#.i"rAdministrator and Moderators Commissary.
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1. I\,ilr'Jonathan Dharmaraj s/o.Late p.D.samuer, Aged 54 years, occ: FinanciarAdministrator, Ivledak District.Administrator, Ivledak District.
2. Rl.Rey. Dr.Go_vada Dyvasirvadam S/o.Late G.Devamomy, Aged 5.1 years, Occ:[\/oderator's Commis3ary, Medak District.[\/oderator's Commis3ary, Medak District.
Both Rl/o. CSI Diocesan Office, Old Lancer Lane, Secunderabad.
...Respondents/RespondenUDefendant
Counsel for the Appellant: SRI T. V. KALYAN STNGH
Counsel for the Respondents: SRI J. PRABHAKAR, Senior Counsel Rep.
SRI A. SRINIVAS
The Court delivered the following: JUDGMENT
THE I ION'BLE SRI [JUSTICE ][P. NAVEEN ][RAO]ANDTHE I ON'BLE SMT [JUSTICE ][P. SREE ][SUDHA]
CIVIL M- SC[ELLANEO][US APPEAL][ N][o.L2L7 ][0F ][2018]
JUDGMENTI lP r [Hon'ble ][Si ][Justice ][P.Naueett ][Raol]
Heard S'i T.V. Kalyan Singh, [learned counsel ][for ][the]appellant, and lri J. [Prabhakar, learned senior counsel ][appearing]for the respond :nts.
2. The appt llant as well as l"t [respondent ][filed ][two ][separate]memos statine that the [inter ]se [dispute stands ][resolved ][The]memos disclos that the [Church of South India Trust ][Association]agreed to pay an amount of [Rs.1O,O0,0OO/- ][as ][lull ][and ][final]settlement of s uit claim to [the ][appellant. ][The appellant ][is ][given]cheque bearin; . No.771142 [drawn ]on [State ][Bank ][of ][lndia ][dated]15.12.2021 for an amount [of Rs.7,00,00O/-. ][The balance ][amount]to be paid on withdrawal of [O'S.No.SO ][of 2Ol4 ][pending ][in ][the]Court of the Di ;trict Judge, [Nizamabad.]
3. Learned senior counsel appearing for [the ][Church ][ol ][South]India Trust I ssociation states that his client [agreed ]to [pay]Rs.1O,OO,OO0/ to the appellant. However, there is some technicalissue with refe ['ence ]to cheque bearing No.771 142 drawn on StateBank of India, -hey intend to withdraw the same and a new chequebearing No.3 18284 dated 15.12.2021 for an amount ofRs.7,00,000/ - drawn on Indian Bank, Secunderabad, is beinghanded over o the appellant through their counsel. Learnedsenior counsel assures that this amount will be honoured by thebank and in a< dition, amount of Rs.3,00,000/- is agreed to be paid i(
\
To,
by the Church of South India Trust Association to the appellant onwithdrawal of O.S.No.SO of 2014 pending in the Court of theDistrict Judge, Nizamabad.
4. In view of the same, both the jearned counsel agree thatappeal can be disposed of by recording the respective memos.
The memos dated memos dated dated 31.12.202I filed on behalf of appellant 5The memos dated memos dated dated and 1"t respondent are taken on record.and 1"t respondent are taken on record.
6. The civil miscellaneous appeal is accordingly disposed of interms of the memos filed on behalf of the appellant andlst respondent. The interim orders granted earlier stand vacated.
SD/.K.SRINIVASA RAOJOINT REGISTRARG"SECTION OFFICER
,TRUE COPY//
'1 . The Principal District Judge at Nizamabad, Nizamabad [District']
2. One CC to Sri T. [V. Kalyan Singh, Advocate ][OPUC]
3. One GC to Sri J. [Prabhakar ][for ][A. ][Srinivas, Advocate ][IOPUC]]
4. Two CD Copies
5. One Spare [CoPY]gbr\\{!
HIGH [COURT]
DATED: [311121'-021]
oJUDGMENTtl 6 rr, r! xlii,vu,-r"_1-,u-r.CMA.No.1217 of [2018]
DISPOSING [(IF ]THE CMANO COSTS
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