1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 11601 OF 2009 IN SECOND APPEAL NO. 170 OF 1989 1. Gaurishankar Prabhuappa Nigudge .. Applicant Versus 1. Malikarjun Shivappa Nigudge, and another .. Respondents Shri N. P. Patil (Jamalpurkar), Advocate for the Applicant. Shri K. M. Babhulgaonkar, Advocate for the Respondents. CORAM : N. D. DESHPANDE, J. DATE : 10TH NOVEMBER, 2009. ORAL ORDER : 1. This is an application for quashing and setting aside the order dated 26.08.2009 by which the second appeal No. 170 of 1989 came to be dismissed in default. Heard Shri N. P. Patil Jamalpurkar, the learned counsel for the applicant and Shri K. M. Babhulgaonkar, the learned counsel for the respondents. For the reasons mentioned in the application and after hearing both the sides the application is allowed. The order dated 26.08.2009 is recalled. The appeal is restored to its original position. Fix the matter for final hearing. [ N. D. DESHPANDE, J.] bsb/Nov. 09