1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 33. CA/11008/2008 In SA/156/1988 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.R.Deshpande, Counsel for applicant. ... CORAM: K.U.CHANDIWAL, J. DATE: 16/7/2009 P.C.: 1. Heard. Civil Application (No.11008/2008) for restoration of the appeal is pending. Mr.Deshpande, Counsel representing appellant, has requested to restore the matter as he has hopes that the matter is worked out between the parties. The Counsel now appearing for the respective respondents has no objection. Consequently, C.A. (No.11008/2008) is allowed. Second Appeal restored to original position. No costs. 2. Respondent no.2 is dead. Legal representatives not brought on record, however, in the compromise, the Counsel for the appellant has made a statement in paragraph No.D, that respondent no.2 is not having any concern with the property 2 and the appellant has deleted respondent no.2 from the proceedings. Such permission is allowed as, even otherwise, appeal abates against respondent no.2, having expired somewhere in 1998-1999. 3. Heard the respective Counsel. They inform that the parties have worked out the matter and amicably settled it. Parties are present before the Court, identified by the respective Counsel. The terms arrived at between them are explained to them and which they have confirmed before the learned Section Officer, in presence of the respective Counsel. The consent terms taken on record. In view of the same, nothing survives in the matter, Second Appeal stands disposed of in terms of compromise. (K.U.CHANDIWAL), JUDGE agp/ca11008-08