IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE Writ Petition No. 5634 of 2004 Sau.Gangubai Haribhau Shirgaonkar and others ..Petitioners vs. Shri Parvati Genba Dhonde and others ..Respondents Shri M.R.Katikar i/b Shri M.T.Pise for petitioners. CORAM: S.B.MHASE J. CORAM: S.B.MHASE J. CORAM: S.B.MHASE J. 4th April, 2006 4th April, 2006 4th April, 2006 P.C. P.C. P.C. 1. Heard the learned Counsel for the petitioners. 2. The order dated 4th March, 2004 passed in Civil Misc.Application No. 896 of 2001 thereby refusing to condone the delay in filing the first appeal is under challenge. 3. Reg.Civil Suit No.181 of 1987 was filed in the Court of Civil Judge, Jr.Dn., Bhor by the petitioners along with other plaintiffs. In that suit there were in all 5 plaintiffs. Plaintiff no.1 was the mother of the present petitioner and plaintiff nos. 4 and 5 were sisters of the petitioners. The present petitioners were plaintiff nos. 2 and 3. It appears that the said suit was compromised on 1st February, 1991 and compromise purshis got executed to that effect was submitted which was accepted by the Court. That was the purshis signed by the power of attorney holder of the present petitioners one Shri Ashok Warude who was the husband of the original plaintiff no.4 Smt.Suman Warude namely the sister of the present petitioners. The said compromise decree is challenged by filing appeal after the period of 10 years on the ground that fraud has been committed etc. and, therefore, the delay may be condoned. 4. Perused the impugned order passed by the Additional District Judge, Pune on 4th March, 2004. The District Judge has considered the matter thoroughly on merits after recording evidence of the respective parties. The reasoning has been proper and the facts have been properly analysed. No interference is called for. The petition is rejectded. (S.B.MHASE J.) (S.B.MHASE J.) (S.B.MHASE J.)