FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION (ST) NO. 26334 OF 2009 IN SECOND APPEAL NO. 443 OF 1994 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard Shri Jadhav, learned counsel for the applicant Shri Dharashive, learned counsel for the respondent. This civil application is for setting aside the order of dismissal in default of second appeal on 4.9.2009 and also for condonation of delay of 81 days caused in filing the application. Shri Dharashive, learned counsel for the opponent, strenuously opposed the application and submitted that the matter was part heard and still the advocate for the applicant remained absent and consequently the order of dismissal in default should not be set aside. After hearing learned counsel for the parties and after perusal of the application, I am satisfied that the applicant has made out sufficient cause. In the result, the civil application is allowed in terms of prayer clause "B" and "C" with no order as to costs. Second appeal to be listed for final hearing, as per its turn. (R.G. KETKAR, J.) Date:27.11.2009. rlj/