IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2170 OF 2006 CIVIL APPLICATION NO. 2170 OF 2006 CIVIL APPLICATION NO. 2170 OF 2006 IN IN IN CIVIL APPLICATION NO. 1262 OF 2006 CIVIL APPLICATION NO. 1262 OF 2006 CIVIL APPLICATION NO. 1262 OF 2006 ALONGWITH ALONGWITH ALONGWITH CIVIL APPLICATION NO. 1263 OF 2006 CIVIL APPLICATION NO. 1263 OF 2006 CIVIL APPLICATION NO. 1263 OF 2006 IN IN IN WRIT PETITION NO. 6599 OF 2004 WRIT PETITION NO. 6599 OF 2004 WRIT PETITION NO. 6599 OF 2004 Janardan Sakharam Phulare. ...Petitioner V/s. State of Maharashtra & Ors. ...Respondents Mr.Rajkumar i/b. M/s.L.C. Tolat & Co. for Applicant/Original Respondent Nos.3 and 4. Mr.Vilas Jadhav for Petitioner in W.P.No.6599/2004. Mr.V.P. Malvankar, AGP for Respondent nos.1 and 2. CORAM : DR.S. RADHAKRISHNAN & CORAM : DR.S. RADHAKRISHNAN & CORAM : DR.S. RADHAKRISHNAN & V.M. KANADE, JJ. V.M. KANADE, JJ. V.M. KANADE, JJ. DATED : AUGUST 31, 2006 DATED : AUGUST 31, 2006 DATED : AUGUST 31, 2006 P.C. :- P.C. :- P.C. :- 1. Rule. Rule made returnable forthwith. 2. Heard learned Counsel for the petitioner and learned AGP for respondent nos.1 and 2 and learned Counsel for the respondent nos.3 and 4. 3. This is an application taken out by the original respondent nos.3 and 4 for setting aside the Order dated 26th April, 2006 whereby Civil Application No.1262/2006 - 2 - was dismissed in default. 4. Perused the Civil Application. For the reasons stated therein, sufficient cause has been made out for recall of Order dated 26th April, 2006. There is no case of inaction, negligence or want of bonafide on the part of the applicants. Hence, Civil Application is allowed in terms of prayer clause (a). 5. Place the above Civil Application No.1262 of 2006 on board for final hearing on 28th September, 2006. (DR.S. RADHAKRISHNAN, J.) (DR.S. RADHAKRISHNAN, J.) (DR.S. RADHAKRISHNAN, J.) (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)