1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.10756 OF 2008 IN SECOND APPEAL NO.373 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Mr. S.V. Warad Advocate for the Applicant. Mr. S.P. Katneshwarkar Adv. for Resp. No.1. Mr. S.S. Deshmukh Adv. for Resp. No.2. CORAM : K.K. TATED, J. DATE :3RD JULY, 2009 1. Heard learned counsel for the Applicant and learned counsel for the Respondents. Present Civil Application preferred by original defendant Nos.1 to 3 for recalling the order dated 9th July, 2008 passed by this Court. 2. Learned counsel appearing on behalf of the Respondents have no objection for allowing the present Civil Application. 2 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 3. Considering the averments in the present Civil Application, Civil Application is allowed in terms of prayer clause (A) and (B), which read as under: "(A) To secure the ends of justice the order dtd.9.7.2008 passed by this Hon'ble court dismissing the appeal for default may kindly be recalled and the appeal may kindly be restored at its original stage. (B) The order dated 9.7.2008 passed by this Hon'ble Court in Civil Application No.5723/2008 and Civil Application No.5724/2008 may also kindly be re-called and the applications be restored at its original stage in the interest of justice." 4. Civil Application is disposed of accordingly. [K.K. TATED, J.] asb/JULY09/ca10756.08