1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.1288 OF 2009 IN SECOND APPEAL NO.576 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Mr. H.I. Pathan Advocate for the Applicant. Mr. P.S. Agrawal Advocate for Resp. No.1. CORAM : K.K. TATED, J. DATE :3RD JULY, 2009 1. Present Civil Application preferred by original defendant No.2 for recalling the order dated 26th September, 2008. Learned counsel for Respondent No.1 has no objection if the Civil Application is allowed. 2. Considering the reasons disclosed in the present Civil Application, Civil Application is allowed in terms of prayer clause (B), which reads as under: 2 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders "(B) The order dated 26.9.2008 for dismissing the second appeal for non prosecution may kindly be set aside and the matter be restored to its original stage in the interest of justice." 3. Civil Application is disposed of accordingly. (K.K. TATED, J.) asb/JULY09/ca1288.09