1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.31 OF 2009 WITH FIRST APPEAL NO.65 OF 1999 Sou.Smita Prabhakar Dange .. Applicant V/s M/s.P.P.Constructions & Ors. .. Respondents Mr.B.K.Raje for the Applicant. Mr.Prasad Kulkarni for Respodnent No.1. Mr.Sachin Dhakephalkar for Respondent No.3. CORAM: R.G.KETKAR, J. DATE: 18th June, 2010. P.C.: 1. This application is for recalling of the order dated 8th December, 2008 passed by this Court. By this order, the appeal preferred by the Applicant was dismissed in default under Order 41 Rule 17 of the Code of Civil Procedure, 1908. 2. Heard learned counsel for the parties. The present application is filed on 15th December, 2008. For the reasons set out in the application, I am satisfied that the application deserves to be allowed. Hence, civil application is allowed in terms of prayer clause 3(a), with no order as to costs. First Appeal No.65 of 1999: Mr.Dhakephalkar states that though he is appearing for Respondent Nos.2 & 3, they are not responding. He therefore requested to issue notices to Respondent Nos.2 and 3. Office is directed to issue notices to Respondent Nos.2 and 3, returnable after four weeks. (R.G.KETKAR, J.)