1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.44 OF 2010 IN CIVIL APPLICATION STAMP NO.436 OF 2009 IN SECOND APPEAL STAMP NO.3780 OF 2009 Kalabai Dhondiram Kandurkar ..Petitioner Vs. Manubai Bapu Kandurkar and ors. ..Respondents ......... Mr.Vijay Mane, for applicant. Mr.Bhushan Walimbe, for respondent no.3. None for respondent nos.1 and 2. ......... CORAM: R.G.KETKAR, J. DATE : 30th APRIL, 2010. P.C. : This application is filed for setting aside the order dated 24 th June, 2009 passed by this Court in Civil Application (Stamp) No.436 of 2009. On 24 th June, 2009 a conditional order was passed directing the applicant to pay bhatta charges within one week. Since bhatta charges were not paid within the stipulated period, the Second Appeal was dismissed in default. 2] Heard Mr.Mane, learned counsel for applicant and Mr.Bhushan Walimbe, learned counsel for the respondent no.3. None appears for respondent nos.1 and 2 though they are duly served. Considering the reasons set out in the application, I am satisfied that the applicant has made out a case for setting 44-10.sxw 2 aside the order dated 24 th June, 2009. 3] In the result, Civil Application is allowed in terms of prayer clauses (a) and (b) with no order as to costs. Second Appeal is restored to the file. [R.G. KETKAR, J.] 44-10.sxw