1 cas928.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICTION NO. 928 OF 2010 IN SECOND APPLICATION NO. 319 OF 2008 Smt. Sakhubai Yeshwant Ghule ..Applicant. Vs. The State of Maharashtra and others ..Respondents. Shri Sagar Joshi for the Applicant. Shri A.R. Patil, AGP for the Respondent No.1. Shri M/V. Ghaugule i/by Shri S.G. Kudle for Respondent No.3. CORAM : R.G. KETKAR, J. DATE : 17TH DECEMB ER, 2011. P.C. 1. This is an application for recalling the order dated 15th December, 2009, whereby the Second Application No. 319 of 2008 was dismissed in default, as also for condonation of delay of 143 days in taking out this application. 2. Heard Mr. Joshi for the applicant and Mr. Ghaugule for the 3rd respondent and Shri A.R. Patil, learned AGP for respondent No.1. The Office noting indicates that Second Appeal No.319 of 2008 is yet to be admitted and the respondent No.2 was not represented. In view of this, notice of hearing of this application to respondent No. 2 is dispensed with. 2 cas928.10.sxw On perusing the averments made in the application and on hearing leaned Counsel for the parties, Civil Application is allowed in terms of prayer clause (a) and (b) with no order as to costs. Second Appeal No. 319 of 2008 is restored to the file. ( R.G.KETKAR, J.)