1 cas294-10 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.294 OF 2010 IN SECOND APPEAL NO.638 OF 2007 Shri Shravan Chimna Wagh and Ors. .. Applicants Vs. Shri Chintaman Govind Wagh .. Respondent Mr.Dhanesh Patekar i/b Mr.S.M.Sabrad for the applicants CORAM: K.K. TATED, J. DATE: 8th FEBRUARY, 2011 P.C. 1. Heard the learned counsel for the applicants. 2. None for the respondents. 3. This Civil Application is preferred by original appellants for recalling the dismissal order dt.12.1.10. On 12.1.10 when the matter was called out twice for admission, no one remained present on behalf of appellant and therefore, matter was dismissed for default. 4. The learned counsel for the applicants submits that on that date the advocate on record was not feeling well and after attending 2/3 matters 2 cas294-10 he left the court and, therefore, no one appeared on behalf of the applicant when the matter was called out twice. 5. Considering the submissions made by the learned counsel for the applicants and the averments made in para 4 of the civil application, civil application is allowed in terms of prayer clause (b) and (c) which reads as under: b) That the order dated 12.01.2010 passed by this Hon ble Court in the above writ petition dismissing the ’ above Second Appeal for non-prosecution may kindly be recalled and above Second Appeal may kindly be restored to file. c) That since the facts stated in the application are within the knowledge of applicant s advocate, filing of ’ affidavit in support of the application may kindly be dispensed with. 6. Civil Application is disposed of accordingly. (K.K. TATED, J.)