1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.8926 OF 2009 IN WRIT PETITION NO.1223 OF 1990 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Mr.K.S. Naik Advocate for Applicant. Mr.D.M. Pingle Advocate h/f. Mr. V.D. Salunke Advocate for Respondent No.1. Mr.R.P. Dhase Advocate h/f. Mr. A.H. Vaishnav Advocate for Resp. Nos. 2(1) to 2(4). CORAM: K.K. TATED, J. DATE : 2ND SEPTEMBER, 2009. 1. Heard learned counsel for the Applicant, learned counsel for the Respondent No.1 and learned counsel for the Respondent Nos. 2(1) to 2 (4). Though Respondent Nos. 3, 4 (1) and 4(2) served, no one appeared on behalf of them when the matter called out for hearing. Leave to amend prayer clause (A) granted. 2. Present Civil Application is for recalling the order dated 26th June, 2007 passed by this Court by which Writ Petition 2 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders No.1223 of 1990 dismissed in default. Learned counsel for Respondent No.1 and learned counsel for Respondent Nos. 2(1) to 2(4) have no objection if the present Civil Application is allowed. Even otherwise reasons disclosed in the present Civil Application shows sufficient cause for recalling the order dated 26th June, 2007. Civil Application is therefore, allowed in terms of prayer clause (A) on condition to pay cost of Rs.750/- to the High Court Law Library within two weeks from today. The same will be condition precedent. Prayer clause (A) reads as under: "(A) The order of dismissal-in-default passed by this Hon'ble Court on dated 26-6-2007 may please be ordered to be cancelled and the case kept for final hearing on any date, as the Hon'ble Court deems fit and proper." [K.K. TATED, J.] asb/SEPT09/ca8926.09