RFA 78 of 2001 20.10.2008 Present: Ms. Anita Dogra, Advocate, for appellant. Shri B.S. Attri, & Shri Himmat Negi, Advocates, for respondents. CMP (M) No. 946 of 2008 This application has been moved by the appellant herein for bringing on record the legal heirs of deceased respondent No.7 Shri Jwala Dass who is stated to have died on 29th November, 1999. I would have remanded the case to the Reference Court as the death of claimant/respondent has occurred during the pendency of the reference petition before that Court and it was the duty of claimants to have brought on record the legal representatives of the deceased. However, considering the facts and circumstances of the case, this application is allowed. The legal heirs as named in this application are directed to be brought on record of the case. This application stands disposed of accordingly. CMP (M) No. 947 of 2008 This application has been moved under Section 5 of the Limitation Act by the appellant herein praying for condonation of delay in filing the application under Order 22 Rules 4 and 9 of the Code of Civil Procedure for bringing on record the legal representatives of respondent No.7. It was the duty of claimant before the learned Reference Court to have brought on record the legal representatives of deceased. However, remitting the case back to the learned Reference Court at this stage would only give rise to interminable delay. This application is accordingly allowed. CMP(M) Nos. 948 and 949 of 2008 Both these applications are allowed, as prayed for. The legal representatives of deceased respondent No.6 Shri Thakur Dass are directed to be brought on record of the case. CMP No. 772 of 2008 This application has been moved by the appellant herein under Order 23 Rules 1 and 3 of the Code of Civil Procedure for withdrawal of the appeal on the ground that settlement in terms of Annexure A2 has been arrived at between the parties. The settlement is not disputed by the respondents. In this view of the matter, this application is allowed and appeal is dismissed as withdrawn in terms of settlement as arrived at and detailed in Annexure A2 accompanying this application. CMP NO. 773 of 2008 Heard. Court fee is ordered to be refunded in accordance with law to the appellant. This application is disposed of accordingly. RFA No. 78 of 2001 Amended memo(s) be taken on the record. This appeal is dismissed as withdrawn in terms of compromise arrived at between the parties in CMP No. 772 of 2008. All pending miscellaneous applications are disposed of. All interim orders stand vacated. October 20, 2008(ms) (Dev Darshan Sud), J.