1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CAO NO. 71 OF 2009 IN MCA ST. 7784/2008 IN SA NO. 369 OF 1991 (Abdul Gani Shaikh Kasam through LRs Smt. Bibi Khatun vs. Smt. Nurjahan Rayees Khan & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JANUARY 21, 2009. Heard Shri Pal, learned counsel for the applicant. The prayer is to condone delay of one year and 274 days in filing MCA St. No. 7784 of 2008. The reason put forth is that the counsel earlier entrusted with the brief has withdrawn Vakalatnama but the appellant/ applicant was not aware about it and on same grounds MCA St. No. 7784 of 2008 is filed for restoration of Second Appeal No. 369 of 1991, dismissed in default on 15.11.2006. During hearing, parties have mentioned that they have compromised the controversy on merits and hence Second Appeal needs to be disposed of in terms of that compromise. The compromise signed by all parties along with their respective counsel is already placed on record. In view of this position, delay is condoned. The prayers made in MCA St. No. 7784 of 2008 are 2 granted. The order dated 15.11.2006 dismissing Second Appeal No. 369 of 1991 is hereby withdrawn and Second Appeal is restored back to file. S.A. NO. 369 OF 1991 Heard. The appeal is taken up for consideration in view of Compromise Petition Stamp No. 8023 of 2007 placed on record. The counsel for the appellant Shri Pal, the counsel for respondents No. 1 to 3 Shri Hete and counsel for respondents No. 4 to 6 Shri Qazi, have signed the compromise and they state that their respective clients have also placed their signature upon said pursis. They also state that compromise is explained to their clients and they have accepted it. The appellant and Respondents No. 1 to 6 are present before this Court and they accept that the controversy is compromised between them as specified in the compromise petition. Compromise Petition is, therefore, taken on record. As there is nothing illegal in it, Second Appeal is disposed of in terms thereof. The Map accompanying the compromise forms part of compromise petition. Second Appeal is accordingly disposed of in terms of Compromise petition and map accompanying it. 3 Second Appeal is disposed of. Rule accordingly. However, in the circumstances of the case, there shall be no order as to costs. JUDGE *GS.