Alok Mathur, J.

(Order on C.M.A. No. 6 of 2022 )

1. Heard Sri Himanshu Kumar Bachhil learned counsel for appellant as well as Sri Taranjeet Singh Makker, learned counsel for respondents.

2. Learned counsel for appellant presses the application for restoration of the second appeal and submits that the case was listed on 16.08.2022 but learned counsel for appellant was not well and has sent an illness slip but without noticing the request for adjournment, the appeal was dismissed for want of prosecution.

3. He further submits that non-appearance of by learned counsel for appellant was unintentional and due to the reasons beyond his control. He further submits that the application for restoration is within time.

4. Till date no objection to the application for restoration has been filed.

5. The non-appearance of the counsel on 16.08.2022 have been satisfactorily explained. According, the application for restoration is allowed. The order dated 20.10.2022 is recalled and second appeal is restored to its original number.

(Order on C.M.A. No. 8 of 2022 )

1. Heard Sri Himanshu Kumar Bachhil learned counsel for appellant as well as Sri Taranjeet Singh Makker, learned counsel for respondents.

2. Learned counsel for appellant has moved this application for withdrawal of the second appeal. He submits that appellants have entered into a compromise with the respondent whereby th appellant No. 1/2 and 1/3 have relinquished their rights in favour of the respondent while the respondent has agreed to allow the appellant No. 1/1 to use and occupy the premises under dispute in this second appeal.

3. Copy of the agreement dated 18.01.2023 entered into between :(1) Mrs. Davinder Kuar (2) Mr. Tarandeep Singh and Mrs. Kawaljeet Kaur for the first parity and M/S Kanpur Delhi goods Carriers through its Manager at Lucknow Branch Mr. Surendra Nath Pandey who is the second party has been filed along-with the application.

4. Learned counsel for parties have jointly informed this Court that dispute and differences have been resolved by means of the said agreement and request has been made to dismiss this second appeal as withdrawn in terms of the settlement dated 18.01.2023.

5. I have heard learned counsel for parties and gone through the agreement as well as second appeal.

6. It is noticed that parties have entered into amicable settlement on 18.01.2023. It is also noticed that all the parties in the second appeal have entered into the said agreement and the matter has been amicably settled amongst them.

7. In light of the above, the second appeal is dismissed as withdrawn in terms of the agreement dated 18.01.2023.