1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.5278 OF 2009 IN SECOND APPEAL ST.NO.10176 OF 2005 Shobha w/o Baba Ghate & 3 others Applicants Versus Harishchandra s/o Nagorao Wagh & two others Respondents Mr.M.D.Shinde, advocate holding for Mr.B.H.Gaikwad, advocate for applicants. CORAM: R.M.BORDE, J. DATE : 31st July, 2009. P.C.: 1 There occurred delay in presenting Second Appeal, as such, Civil Application No.7497/2005 was presented seeking condonation of delay. However, as the applicants failed to deposit bhatta for effecting service on Respondents, application came to be dismissed for want of prosecution in view of the conditional order passed by this Court on 02.09.2005. Instant application is presented for recalling the order passed by this Court as well as for condonation of delay occurred in presenting application for said purpose. Heard learned Counsel for applicants. For the reasons stated in the application, application is allowed. Delay occurred in presenting instant application seeking restoration of the C.A.7497/2005 stands condoned. The conditional order passed by this Court on 02.09.2005 stands recalled. The applicant is permitted to deposit bhatta 2 within two weeks from today. On deposit of bhatta, notices be issued to the Respondents returnable three weeks thereafter. In the event of failure to comply with the direction in respect of payment of bhatta, order passed today in this application shall stand recalled. Civil Application stands disposed of. (R.M.BORDE) JUDGE ******* adb/ca527809