1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.11109 OF 2008 IN SECOND APPEAL NO.960 OF 2006 Hiralal s/o Bhiu Pawar ...APPLICANT. VERSUS Gulabrao s/o Nilkanthrao Deshmukh and another. ...RESPONDENTS. ... Mr. P.R. Patil Advocate for Applicants. Mr. P.S. Shendurnikar Advocate Resp.Nos.1 & 2. ... CORAM: K.K. TATED, J. DATE : 26TH JUNE, 2009. PER COURT : 1. Heard learned counsel for the Applicant and learned counsel for the Respondents. 2. Present Civil Application preferred by original Appellant for recalling the order dated 24th September, 2008 by which the Second Appeal No.960 of 2006 as well 2 as Civil Application No.4569 of 2007 dismissed for default under Order 41 Rule 17 of the Code of Civil Procedure. 3. Considering the averments in the present Civil Application, Civil Application is allowed in terms of prayer clause (B) on cost of Rs.1500/- to be paid to High Court Legal Services Sub-Committee, Aurangabad within three weeks from today. If cost is not paid within three weeks from today, Civil Application to stand dismissed without referring back to the Court. Prayer clause (B) reads as under: "(B) Be pleased to quash and set aside the order dated 24.09.2008 of dismissing in default the Second Appeal No.960 of 2006 along with Civil Application No.4569 of 2007 passed by the Hon'ble High Court and restore the same." 4. Civil Application is disposed of accordingly. (K.K. TATED, J.) asb/JUN09/ca11109.08