(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 7509 of 2009 (In Family Court Appeal No. 16 of 2007) Machindra s/o. Rangnath Jadhav, Age : 34 years, .. Applicant Occupation : Government Service, (Appellant/ residing at ST Colony, Fazalpura, Original Aurangabad. respondent) versus Mrs. Kojagiri w/o. Machindra Jadhav, Age : 29 years, Occupation : Household, .. Respondent residing c/o. Yamunabai Madhavrao Salve, (Original Ramnagar, Mukundwadi, applicant) Aurangabad. ....................... Mr. Hemant Surve, Advocate, for the applicant. Mr. Rajendra Deshmukh, Advocate, for the respondent. ........................ (2) CORAM : A.P. DESHPANDE & N.D. DESHPANDE, JJ. DATE : 15TH JANUARY 2010 COURT'S ORDER : 1. This is an application moved by the appellant / husband, in Family Court Appeal No. 16/2007, for recall of the order dated 21st July 2009, to the extent it imposes costs of Rs. 2000/-. 2. It is not in dispute that the appeal was not on board on 16th July 2009. However, the same was got circulated by the learned Counsel for the respondent. After hearing the learned Counsel for the respondent, the court acceding the request made by him, fixed the matter for final hearing on 21st July 2009. On 21st July 2009, Mr. Surve, learned Counsel for the appellant, had gone to hospital for medical examination, at Mumbai. Hence, the order dated 21st July 2009 came to be passed by this court, imposing costs of Rs. 2000/-. 3. The order dated 21st July 2009 proceeds on the footing that a specific intimation was given to the learned Counsel for the appellant, about the matter having been fixed on 21st July 2009. However, it is seen from the record, that the learned Counsel for the appellant was not intimated, though (3) efforts were made to intimate him, as he was not available. 4. We do not think that any purpose would be served by imposition of costs of Rs. 2000/-. 5. In the result, the Civil Application is allowed. The order dated 21st July 2009, to the extent it imposes costs of Rs. 2000/- on the appellant, is recalled. The said amount of Rs. 2000/-, deposited in pursuance to the order dated 21st July 2009, is permitted to be withdrawn by the appellant. 6. By consent of parties, Family Court Appeal No. 16/2007 is directed to be fixed for final hearing on 28th January 2010. ( N.D. DESHPANDE ) ( A.P. DESHPANDE ) JUDGE JUDGE ......................... bgp/ca7509