1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.9943 OF 2009 IN WRIT PETITION NO.420 OF 1991 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Mr.A.B. Gatne Advocate for Applicant. Mr.A.M. Nagarkar Advocate h/f. Mr. V.S. Bedre Advocate for Respondent. CORAM: K.K. TATED, J. DATE : 12TH OCTOBER, 2009. 1. Heard learned counsel for the Applicant and learned counsel for Respondent. Present Civil Application is preferred by the original Petitioner for recalling the order dated 1st September, 2009, by which Writ Petition No.420 of 1991 came to be dismissed for default. Learned counsel for the Respondent vehemently opposed the present Application. 2. Considering the averments made in Para 2 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 3, 4 and 5 of the Application, Civil Application is allowed in terms of prayer clause (A) and (B) which reads as under: "(A) Your Lordship be pleased to grant this Civil Application and be pleased to recall the order dt.01/09/2009 passed by this Hon'ble Court dismissing the Writ Petition No.420 of 1991 in default for non prosecution and to restore the Writ Petition to it's original status and order of interim relief granted in the said Writ Petition." "(B) Your Lordship be pleased to dispense with the Affidavit in support of this Application." 3. Civil Application is disposed of accordingly. [K.K. TATED, J.] asb/OCT09/ca9943.09