1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 8588 OF 2009 IN SECOND APPEAL NO. 1250 OF 2004 Abdul Gani Rashid Khan Pathan .. .. Applicant Versus 1. Balkrushna Jagannath Gujrathi Died-through-L.R.’s 1A. Sudhakar Balkrushna Gujrathi and others .. .. Respondents Shri A. G. Ansari, Advocate h/f Shri Mujtaba Gulam Mustafa, Advocate for the Applicant. CORAM : N. D. DESHPANDE, J. DATE : 25TH NOVEMBER, 2009. ORAL ORDER : 1. Heard Shri Ansari, the learned counsel for the applicant. This is an application for setting aside the order dated 05.02.2009 as against No. 1D by condoning the delay and for issuance of notice to respondent No. 1D. 2. Since this Court had directed notice to respondent No. 1D, who is now served and as such, the earlier order of dismissal against the respondent No. 1D stands set aside and recalled. The 2 civil application is allowed. The matter to proceed further. The civil application is disposed of accordingly. [ N. D. DESHPANDE, J.] bsb/Nov.09