1 cas1831-10 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1831 OF 2010 IN SECOND APPEAL NO.652 OF 2006 Shri Sakharam Kondaji Shinde .. Applicant Vs. Shri Vitthal Kondiba Kulawade .. Respondents Mr.Suraj Iyer i/b M/s.Ganesh and Co. for the applicant Smt.Shakuntala S. Wadekar - Gunjal for the respondents CORAM: K.K. TATED, J. DATE: 7th MARCH, 2011 P.C. 1. Heard the learned counsel for the parties. 2. This application is preferred by original plaintiff for recalling the order dated 6.10.10 passed by this court (Coram: D.B.Bhosale, J.) by which Second Appeal is dismissed for non-prosecution. 3. The learned counsel for the applicant submits that on 6.10.10 the counsel to whom the matter was assigned for argument was not available because of his personal difficulties. The said difficulty is explained in para 2 of the Civil Application. He submits that in view of the difficulty explained in para 2 of the Civil Application, Civil Application be allowed 2 cas1831-10 and matter be restored to file for admission. 4. On the other hand, the learned counsel for respondents vehemently opposed the present Civil Application. She submits that previously also the Second Appeal was dismissed for non-prosecution. She submits that the advocate on record for applicant took several adjournments as and when matter appeared for admission and therefore, there is no substance in the present Civil Application and the same is liable to be dismissed. 5. Considering the reasons given in para 2, I am of the opinion that this is a fit case to allow the Civil Application in terms of prayer clause (a) and (b) which reads as under: a) That the delay if any, in making this application be condoned. b) That the order dated 6th October, 2010, be recalled and the above Appeal alongwith the Civil Application No.942 of 2006 be restored to file. 6. Civil Application is allowed in terms of prayer clause (a) and (b) with costs of Rs.2,500/-. The cost to be paid to the respondents within two weeks from today as condition precedent. (K.K. TATED, J.)