( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 4031 OF 2010 IN SECOND APPEAL NO. 446 OF 2009 Amar Chaus s/o Gulab @ Abdul Chaus APPLICANT VERSUS Vaijnath s/o Manik Kamble & another RESPONDENTS ..... Mr. P.G. Mahalankar, advocate for the applicant. Mr. N.G. Kale, advocate for respondent No. 1. ..... [CORAM : S.V. GANGAPURWALA, J.] [DATE : 30th March, 2010] PER COURT : 1. Heard Mr. Mahalankar, learned counsel for the applicant and Mr. Kale, learned counsel for the respondent No.1. 2. For reasons stated in the civil application, ( 2 ) the civil application is allowed. The order dated 02-12-2009 dismissing the second appeal for default is recalled and the second appeal is restored to its original stage. [ S.V. GANGAPURWALA ] JUDGE NPJ/ca4031-2010