1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. /2011 IN SECOND APPEAL NO.102/1995 Mukund Kesheorao Munje ...Versus... The Registrar, Cooperative Societies, Maharashtra State, Pune  1 and others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. [Shri J.T. Gilda, Adv. for appellant] [Shri M.A. Kadu, AGP for respdt. no.1] [Shri Sanjeev Deshpande, Adv. for respdt. no.2] [Shri V.G. Wankhede, Adv. for respdt. no.4] [Shri Amit Madiwale Adv. h/f Shri A.S. Jaiswal Adv. for respdt. no.8] [Shri Satyendra Khandekar, Adv. for respdt. no.9] CORAM : A.B. CHAUDHARI, J. DATED : 03.08.2011. This appeal is not on board. However, Learned Counsel for the appellant mentioned to this Court at 2:30 p.m for taking up this second appeal for final disposal, as the parties to this appeal have arrived at compromise out of Court. He also stated that other Counsel appearing for all other respondents and the parties have also agreed for disposal of the appeal by compromise. This Court was reluctant to accept the request made by the learned Counsel for the appellant since the matter has not been circulated nor there is publication that the second appeal would be taken up for final disposal by 2 compromise. However, learned Counsel for the appellant states that the appellant is too old and sick and even suffered attack in the Court premises and is unable to attend tomorrow due to poor health. Hence, this Court allowed him to circulate the matter in afternoon. Learned Counsel for all the parties appeared before me in the afternoon and all of them agreed that there is compromise arrived at between the parties, which has been recorded in civil application and which is duly signed by all the concerned parties to this second appeal, so also the learned Counsel for the respective parties. The Civil Application has been tendered before me in the Court. Let it be accepted and registered. I have gone through the civil application and I find that the same has been signed by the parties as well as learned Counsel for the respective parties present before me. It is in this background, though there is no publication of this matter on the daily board, in view of the peculiar situation, namely poor health of the appellant, I have decided to take up this appeal for disposal, as requested by the parties and the Counsel for the respective parties. In addition to this civil application, affidavits have also been filed by other respondents before this Court. These affidavits are taken on record and they be 3 registered. I have gone through the terms and conditions mentioned in the civil application as well as affidavits, filed by other respondents on record. Perusal of the application for compromise, which is signed by all the parties and the Counsel for the respective parties show that the terms and conditions mentioned therein are not unlawful. In my opinion, therefore, there should be no obstruction in accepting the said compromise petition in the form of civil application containing the terms and conditions. The terms and conditions have also been satisfied and in terms of the paragraph no.4-A, an amount of Rs.13,00,000/- (Rupees Thirteen Lacs Only) by pay order has been handed over to the appellant, number of which is mentioned in the said paragraph. In view of the above, compromise is recorded. Compromise decree in terms of paragraph nos.4-A to E of this civil application, which presented in the Court today, is passed. Consequently, Second Appeal No.102/1995 is disposed of in terms of the compromise petition by way of civil application. Decree be drawn up accordingly. No order as to costs. JUDGE ssw