1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION 13072 OF 2008 IN SECOND APPEAL NO. 494 OF 2006 Arjun Shivram Kshirsagar (deceased through LRs) & others .. APPELLANTS VERSUS Nagnath Shankar Kshirsagar & others .. RESPONDENTS Mrs. Madhaveshwari D. Thube-Mhase, advocate for appellants. ===== CORAM : R. M. BORDE, J. DATE : 11 th August, 2009. PER COURT : 1 It is brought to my notice that although an order in respect of restoration of second appeal has been passed on 6-8-2009, there is no civil application presented by the appellants in that regard. It is reported that in the companion matter such an application is infact moved and the order restoring the second appeal is passed in the companion second appeal. 2 Learned counsel for the appellants states that she was under impression that in the instant appeal also such an application is filed. However, on perusal of the record it transpires that infact such an application is not presented. In this view of the matter, order passed on 6-8-2009 is recalled. ( R. M. BORDE, J.) dyb/office/CA13072.08.odt