1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 2293 OF 2008. APPLICATION NO. 2293 OF 2008. APPLICATION NO. 2293 OF 2008. IN IN IN CIVIL CIVIL CIVIL APPLICATION NO.287 OF 2008 APPLICATION NO.287 OF 2008 APPLICATION NO.287 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL NO.1047 OF 2004. APPEAL NO.1047 OF 2004. APPEAL NO.1047 OF 2004. Mr.Pandurang Kathod Choudhary : Applicant. versus Mr.Abhay Prabhakar Bhide and anr. : Respondents. Mr.Dnyaneshwahar Deshmukh for the applicant. Mr.M.D.Modgi i/by Ms.Nayana Thatte for the respondents. CORAM CORAM CORAM : S.S.SHINDE, J. : S.S.SHINDE, J. : S.S.SHINDE, J. DATED DATED DATED : APRIL 23, 2008. : APRIL 23, 2008. : APRIL 23, 2008. P.C. P.C. P.C. 1. Rule. Rule returnable forthwith. 2 2. Heard the learned counsel for both the parties. 2. This is an application filed by the applicant/original claimant for recalling and setting aside the order dated 19.3.2008 passed by this Court in Civil Application No.287 of 2008. On 19th March 2008, none appeared for the applicant when the matter was called out and, therefore, by the said order dated 19.3.2008 the Court has dismissed the Civil Application No.287 of 2008 for default for non-prosecution. 3. After going through the contents of the application, I am satisfied with the reasons given by the applicant for the absence of his advocate on 19.3.2008 when the aforesaid order was passed dismissing the Civil Application No.287 of 2008. Rule is made absoute in terms of pryaer clause (a) especially in view of the fact that the Civil Application No.287 of 2008 is filed by the original claimant. Civil Application No.2293 of 2008 is disposed off accordingly. Civil application No.287 of 2008 is restored to file and kept for hearing on Monday i.e. 28th April 2008. 3 [S.S.SHINDE, [S.S.SHINDE, [S.S.SHINDE, J] J] J]