KBP 1 CA-223-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.223 OF 2009 IN SECOND APPEAL NO.472 OF 1998 [Ratnakar Vs. Madukar] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.Nachiket Khaladkar h/f.Mr.P.S.Dani, for applicant. CORAM : R.G.KETKAR, J. DATE : 30 th AUGUST, 2011 P.C. This application is for condoning the delay of 8 days in filing this application as also for recalling the order dated 12 th November, 2008 whereby, the appeal was dismissed under Order 41 Rule 17 of the Code of Civil Procedure, 1908. Heard Mr.Nachiket Khaladkar, learned counsel for the applicant. On 12 th November, 2008, the appeal was dismissed as none was present for either side when the appeal was called out. After hearing learned counsel for the applicant and for the reasons set out in the application, the application is allowed in terms of prayer clause (a). Second Appeal No.472 of 1998 KBP 2 CA-223-09.sxw is restored to the file of this Court. Civil Application is disposed of with no order as to costs. [R.G.KETKAR, J.]