1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.5597 OF 2009 IN SECOND APPEAL NO.469 OF 2004 Shri Saibaba Shikshan Prasarak Mandal & another Applicants Versus Babasaheb s/o Ganeshrao Deshmukh & two others Respondents Mr.R.M.Sharma, advocate for the applicants. Mr.A.R.Nikam, advocate for Respondent No.1. CORAM: R.M.BORDE, J. DATE : 31st July, 2009. P.C.: This is an application seeking restoration of the appeal, which came to be dismissed for want of prosecution on account of failure on the part of Counsel for appellants to present himself when the appeal was called out for hearing as well as for condonation of delay occurred in presenting instant application. Heard Shri Sharma, learned Counsel for applicants. For the reasons set out in the application, order passed by this Court on 30.03.2009 stands recalled and appeal is restored to its original number. Delay occurred in presenting instant application stands condoned. Counsel for the appellant has supplied relevant copies today in the Court. Hence objection raised by the office does not survive. Civil Application stands disposed of. Keep the appeal for admission on 11 th August, 2009. (R.M.BORDE) JUDGE adb/ca559709 *******