1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.9678 Of 2009 In Second Appeal No.240 Of 2009 Shaikh Hashmuddin S/o. Shaikh Sharifoddin. ... Applicant. Versus Ramesh S/o. Shital Adchitre. ... Respondent. -------- Shri. Mujtaba Gulam Mustafa, Advocate for applicant. -------- CORAM: R.M. BORDE, J. DATE: 22nd JANUARY 2010 PER COURT : 1) Heard learned counsel appearing for the applicant. 2) This is an application seeking restoration of the appeal by recalling the order passed by this court earlier on 9-6-2009 dismissing the appeal for non prosecution. There is delay of 29 days occurred in presenting the instant application. 2 3) For the reasons stated in the application, the application deserves to be allowed. 4) Delay of 29 days in presenting the application is condoned. The order passed by this Court on 9-6-2009 is recalled and the appeal is restored to its original number. The applicant shall remove all office objections including payment of Bhatta within two weeks from today. If Bhatta paid within the time stipulated issue notice to the respondent returnable after four weeks from today. In the event of failure to remove the office objections within the time stipulated, the order passed today shall be deemed to have been recalled. The civil application stands disposed of. (R.M. BORDE, J.) rsl/ ca.9678.09