1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 2805 OF 2007 IN SECOND APPEAL NO. 178 OF 2001 Gangaram Tanaji Patil .. .. Applicant Versus 1. Bhilla Tanaji Patil Died-through-L.R.s 1a) Smt. Shantabai W/o Bhilla Patil and others .. .. Respondents Shri A. P. Yenegure, Advocate h/f Shri P. S. Patil, Advocate for the Applicant. Shri G. L. Gujer, Advocate h/f Shri P. V. Barde, Advocate for the Respondents No. 1a, 1b and 1e. CORAM : N. D. DESHPANDE, J. DATE : 15TH DECEMBER, 2009. ORAL ORDER : 1. Heard Shri Yenegure, learned counsel holding for Shri P. S. Patil, learned counsel for the applicant and Shri Gujer, learned counsel holding for Shri P. V. Barde, learned counsel for the respondents. This is an application for setting aside the order dated 20.04.2005 and for restoration of the second appeal to its original position which was dismissed in default. The present 2 application came to be filed three days thereafter giving the reasons for dismissal of appeal in default. 2. Perused the application. The present application is immediately filed and same is allowed. The order dated 20.04.2005 is hereby quashed and set aside. The second appeal is restored to its original position. 3. The second appeal be listed for admission, since it is an old appeal arising out of a suit for partition. [ N. D. DESHPANDE, J.] bsb/Dec.09