HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No.2902/2024 1. Chandar Bairwa S/o Shri Ghasiram, R/o Girdharpura, Post Gullana, Tehsil Baswa, District Dausa (Raj.) (Driver Of The Vehicle Motorcycle No. Rj-29-Sm-7156) 2. Rakesh Kumar Bairwa S/o Shri Suklal, R/o Bairwa Mohalla, Gudha Katla, Tehsil Baswa, District Dausa (Raj.) (Owner Of The Vehicle Motorcycle No. Rj-29-Sm-7156) ----Appellants Versus Shimbhudayal Saini S/o Shri Narayan Saini, R/o Rajwas, Post Muhi, Tehsil Baswa, District Dausa (Raj.) ----Respondent For Appellant(s) : Mr. Arvind Sharma JUSTICE ANOOP KUMAR DHAND Order 10/02/2026 Application No.1415/2024 has been filed under Section 5 of the Limitation Act seeking condonation of delay in filing of the appeal. For the reasons mentioned in the application, the same is allowed. Delay in filing of the appeal stands condoned. Another application has been filed for waiving of the defect(s) as pointed out by the Office. For the reasons mentioned in the application, the same is allowed. Defect(s) pointed out by the Office stands waived. Application No.1/2026 has been filed for deciding the instant appeal on the basis of the compromise arrived at between the parties. (2 of 2) [CMA-2902/2024] Learned counsel submits that, during pendency of the instant appeal, the parties have settled their dispute before the Executing Court by entering into compromise and a sum of Rs.25,000/- has already been paid to the claimant and now on the basis of the same, the execution proceedings have been dropped. Learned counsel submits that, under these circumstances, the instant appeal be disposed of in light of the compromise arrived at between the parties. Considering the above factual aspect of the matter, the instant appeal stands disposed of in terms of the compromise arrived at between the parties. The amount deposited by the appellant under Section 173 of the Motor Vehicles Act be adjusted against the amount, which is liable to be paid to the claimant in terms of the compromise arrived at between the parties. (ANOOP KUMAR DHAND),J Karan/91