1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 5310 OF 2009 IN SECOND APPEAL NO. 301 OF 2009 ------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar’s orders | ------------------------------------------------------------------------------------------------------------ Mr. Ujjwal S. Patil, Advocate holding for Mr. Rajendra Deshmukh, Advocate for applicant. CORAM : K. K. TATED, J. DATE : 11th JUNE, 2009 PER COURT : 1. Heard learned Counsel for the applicant. 2. Present Civil Application is preferred by the original plaintiff No. 2 for recalling order dated 04-05-2009 passed in second appeal. As per order dated 09-04-2009 second appeal came to be dismissed for default as no one appeared on behalf of the appellant when the matter was called out for final hearing. 2 3. Considering averments in the present Civil Application, Civil Application is allowed in terms of prayer clause (B) which reads as under. "(B) The Second Appeal No. 301 of 2009 may kindly be restored to its original number and status by recalling the Order dated 04/05/2009 passed by this Hon'ble High Court, thereby dismissing the said Second Appeal in default for want of prosecution.", on condition to deposit the cost of Rs. 750/- (Rs. Seven hundred fifty only ) to the Secretary, State Legal Sub Committee, High Court Bench Aurangabad within two weeks from today. 5. Civil Application is disposed of accordingly. [ K. K. TATED, J. ] sut/JUN09/ca5310.09