1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.9506 OF 2004 IN SECOND APPEAL NO. 257 OF 1989 Office Notes, Office Memoranda of Coram, appearances, Courts orders or directions and Registrar's orders Court's of Judge's Orders. .... Mr. S.V. Chandole, Advocate holding for Mr. V.G. Sakolkar, Advocate for applicant. Mr. S.S. Pawar, Advocate for respondent Nos. 1,2,3,5,7 and 8. .... CORAM: K.K. TATED, J. DATE: 1st JULY, 2009. PER COURT: 1. Heard learned Counsel for the applicant and for respondent Nos. 1 to 3, 5, 7 and 8. Present Civil Application is preferred by original defendant No.1 for recalling order dated 30-09-2004 passed by this Court. As per order dated 30-09-2004 second appeal dismissed for default. Learned Counsel appearing on behalf of the respondents have no objection to allow the present Civil Application. 2 2. Considering the averments in Para. 2 of the present Civil Application, Civil Application is allowed in terms of prayer clause (B) which reads as under. "(B) That the order of dismissal in default dated 30-09-2004 may kindly be set aside and the second appeal no. 257 of 1989 may kindly be heard on its merit." 3. Civil Application is disposed of accordingly. (K.K. TATED,J.) sut/JUL09/ca9506.04