1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 881 OF 2007 IN Appeal from Order NO. 920 OF 2003 Laxmibai Jeevan Patange & Ors. .. Applicants. V/s. Shri Vasantrao Baburao Garad & Ors. ..Respondents. --- Mr.Ashok Tejane i/by G.S.Godbole for Applicants. Mr.M.R.Deshpande for Respondent Nos.1,4 to 9. --- CORAM: K. K. TATED, J. DATE : 03RD FEBRUARY, 2010. P.C. 1. Heard the learned counsel appearing for the Applicants and the learned counsel appearing for the Respondent Nos. 1, 4 to 9. 2. This Civil Application is preferred by the original applicants for recalling the order dated 7th September, 2004 passed by this court by which the Appeal came to be dismissed for non removal of 2 the office objections. The learned counsel appearing on behalf of the applicants submit that because of the mistake on the part of their clerk the payment of bhatta charges remained to be made and accordingly the applicants failed to take proper steps for removal of the office objection as per the order dated 7th of September, 2009 passed by this court. He further submitted that in the month of June, 2007 the applicants contacted their Advocate and made enquiries about the position of the present case and at that time the applicant learnt about the order passed on 7th of September, 2004 and, therefore, there is delay in preferring the present application for recalling the said order. 3. On the other hand the learned Advocate appearing on behalf of the respondent nos. 1 and 4 to 9 vehemently opposed the present civil application. He submitted that the applicant has not filed an affidavit of the Advocate s Clerk 3 while filing the present application. 4. It is clear from the record that there is more than two and half years delay in preferring the present application for recalling the order dated 7th of September, 2009 passed by this court. But considering the explanation given in the civil application, the civil application is allowed in terms of prayer clause (b) with costs of Rs. 2500/- to be paid by the applicants. The applicants are directed to pay the costs to the Advocate of Respondent Nos. 1 and 4 to 9 within two weeks from today. 5. Liberty is granted to the applicants to take out appropriate proceedings for remaining prayer clauses (d) and (e). 6. The prayer clause (b) reads thus : 4 (b) the Conditional order dated 07.09.2004 passed by Hon ble Mr. Justice V.C.Daga dismissing the above Appeal from Order be set aside and the Appeal from Order No. 920 of 2003 alongwith Civil Application No. 1068 of 2003 be restored to its original file. (K. K. TATED,J.) -----