Ravi S.Dhavan, J. - (1.) The court has heard learned counsel for the parties present on two matters in detail : (a) on the matter relating to the state of the present proceedings after filing of Special Appeal No. 15 of 1991, and (b) what should be the proceedings henceforth before this court.
(2.) The special appeal was filed on May 4, 1991. It was filed against the proceedings as recorded by this court dated March 26, 1991, regarding a proposed compromise. The case remained pending awaiting the result of the compromise, should there be any. The only aspect on the record of the special appeal which is relevant for this court is the interim order which had been granted. It is reproduced below : " 'Respondents' counsel not present though served. In the circumstances, the recording of compromise in O. S. No. 561 of 1985 on the file of the First Additional Civil Judge, Varanasi, is stayed for a period of two weeks, if not already recorded. List the special appeal on 17th May, 1991. (Sd.) B.P.J.R.C.J. (Sd.) R.R.K.T.J. 6-5-1991."
(3.) On the terms of the interim order, it is implied that if the compromise has been recorded no impediment has been put upon it by the appellate court. If the compromise has not been recorded then the process of its being recorded was to remain in abeyance for two weeks. Today, learned counsel for the appellant, Mr. Ravi Kant, submits that he will revert back to the trial court in reference to the order of this court dated March 26, 1991.;