1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10786 OF 2005 IN SECOND APPEAL NO. 40 OF 1989 Smt. Kashibai Vishwanath Dushing .. .. Applicant Versus Babjubai W/o Laxman Changhav Died through L.R.s 1 Shantabai Gangadhar Nile .. .. Respondent Shri D. B. Rode, Advocate h/f Shri S. D. Kulkarni, Advocate for the Applicant. Shri C. V. Korhalkar, Advocate for the Respondent. CORAM : N. D. DESHPANDE, J. DATE : 11TH DECEMBER, 2009. ORAL ORDER : 1. Heard both the sides. This application is filed on 03.02.2004 by the applicant/appellant for setting aside the impugned order dated 15.01.2004 of dismissal of appeal in default. Perused the application. This is a transferred matter from Bombay to Aurangabad and was listed with changed number, which could not come to the notice to the appellant's counsel. Consequently, it came to be dismissed in default. 2 2. The learned counsel for the respondent has no objection for restoration of the appeal and for its decision on merits. For the reasons stated in the application and with the consent of both the parties, the application is allowed. The order dated 15.01.2004 is hereby quashed and set aside. The appeal is restored to its original position. [ N. D. DESHPANDE, J.] bsb/Dec.09