1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.6713 OF 2009 IN CIVIL APPLICATION NO.7561 OF 2008 IN SECOND APPEAL NO. 698 OF 2007 Gurudayalsingh s/o Maharsingh Bindra Applicant Versus Radhakishan Maroti Magar, deceased, through L.Rs. & others Respondents Mr.S.P.Shah, advocate for the applicant. Mr.S.R.D.Deshpande, advocate for Respondent No.5. CORAM: R.M.BORDE, J. DATE : 04th September, 2009. P.C.: This is an application seeking recalling of the order passed by this Court on 12.06.2009 in C.A. No.7561/2008. Heard learned Counsel for respective parties. For the reasons stated in the application, application is allowed. The order passed by this Court on 12.06.2009 in C.A. No.7561/2008 is recalled. C.A. No.7561/2008 is restored to its original number. Civil Application stands disposed. (R.M.BORDE) JUDGE ******* adb/ca671309 2 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.7561 OF 2008 IN SECOND APPEAL NO.698 OF 2007 Gurudayalsingh s/o Maharsingh Bindra Applicant Versus Radhakishan Maroti Magar, deceased, through L.Rs. & others Respondents Mr.S.P.Shah, advocate for the applicant. Mr.S.R.D.Deshpande, advocate for Respondent No.5. CORAM: R.M.BORDE, J. DATE : 04th September, 2009. P.C.: This is an application for recalling order passed by this Court on 26.02.2008, dismissing the appeal for want of prosecution and for condoning delay of 84 days occurred in presenting the application. Heard learned Counsel for respective parties. For the reasons stated in the application, application is allowed. Delay of 84 days occurred in presenting the application stands condoned. Order passed by this Court on 26.02.2008 dismissing the appeal for want of prosecution is recalled. Appeal is restored to its original number. Civil Application stands disposed. Place the appeal for admission on 22.09.2009. (R.M.BORDE) JUDGE ******* adb/ca671309