1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 5623 OF 2009 IN FIRST APPEAL NO. 26 OF 1994 Bhagwan Trimbak Fasate and others - - Applicants Versus Chandrakalabai Madhavrao Fasate and others - - Respondents Shri N. K. Chaudhary, Advocate h/f Shri K. B. Chaudhari, Advocate for the Applicants. None for respondents. CORAM : K. U. CHANDIWAL, J. DATE : 15TH JUNE, 2009. PER COURT : 1. Heard Mr. N. K. Chaudhari learned counsel for the applicants. On 13.04.2009 when the matter was called, the counsel remained absent. The counsel informs that on particular date he was engaged in another court for arguing the matter on behalf of State Government and abstain from this Court which was not deliberate and intentional. Considering 2 the grounds stated, the dismissal order is set aside. Appeal is restored to its original position. Civil Application disposed of. [ K. U. CHANDIWAL, ] JUDGE bsb/June09/CA 5623.09