2 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 11976 OF 2005 IN FIRST APPEAL NO.257 OF 2006 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Heard Mrs. S.G. Chincholkar, Advocate for the applicants. This is an application for condonation of delay of 35 months 24 days, which is almost of three years. It is stated in para 2 that there was delay because respondent No.1 and the appellants had compromised the matter on 2nd October, 2002 and it was settled that the appellants shall pay Rs.70,000/- to respondent No.1 Shaikh Wajed and the amount was to be paid in installments each of Rs. 20,000/- in December, 2002, December, 2003, December, 2004 and December, 2005. After full payment respondent No. 1 was to relinquish his rights before the Court. It is also said that three persons named were present at the time 2 of the compromise and actually amount of Rs. 20,000/- each on 20.12.2002, 25.12.2003 and 27.12.2004 was paid. However, in August, 2005, respondents filed execution proceedings and therefore the appellant met respondent No.1 on 2nd September, 2005 and requested to follow the terms of compromise but respondent No.1 refused and in the circumstances there was delay in filing the appeal. Already amount of Rs.60,000/- was paid as per the compromise. Affidavit in reply is filed by respondent No.1 and he denied settlement or payment of Rs. 60,000/-. Considering the facts and circumstances of the case, in my opinion, this delay deserves to be condoned. Hence, the appeal is allowed and the delay is condoned. The Civil Application stands disposed of. Date : 15.07.2009 [P.R. BORKAR,J.] snk/2009/JUL09/ca11976.05