1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 1539 OF 2009 IN SECOND APPEAL NO. 152 OF 1996 Pandit Motiram Wani .. Applicant Versus 1. Babulal S/o Zipru Badgujar-Died-LRs. 1A Prakash S/o Babulal Badgujar and others.. Respondents Shri P. F. Patani, Advocate for the Applicant. Shri P. B. Badgujar, Advocate for the Respondent No. 1A. Shri V. S. Bedre, Advocate for Respondent No. 1C. Shri R. B. Raghuwanshi, Advocae for the Respondent No. 2. CORAM : S. V. GANGAPURWALA, J. DATE : 03RD SEPTEMBER, 2010. PER COURT : . This civil application is filed for readmitting the appeal by setting aside the order of dismissal in default passed by this Court on 04.12.2008. The appeal was fixed for final hearing on the said date. The learned counsel for the applicant was not present, as such, the Court dismissed the appeal under Order 41 2 Rule 17 of the Civil Procedure Code. 2. Learned counsels for respondents strongly opposes the application for restoration. For the reasons stated in the civil application, the civil application is allowed. The order dated 04.12.2008 is recalled and the second appeal is readmitted as per Order 41 Rule 19 of the Civil Procedure Code. The civil application is disposed of. [S. V. GANGAPURWALA, J.] bsb/Sept.10