1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1442 OF 2009 IN SECOND APPEAL NO.618 OF 2006 Abhiman Shrimant Autade (Since deceased through his LR’s) Smt.Meenakshi Abhiman Autade & Others. .. Applicants V/s. Mr.Prakash Laxman Masal & Ors. .. Respondents Mr.S.V.Phitre for the Applicants. Mr.Y.A.Sakhare i/b.Mr.Surel S.Shah for Respondent No.1. CORAM: S.J.KATHAWALLA J. DATE : 5 th NOVEMBER, 2009. P.C. This Civil Application is taken out by the Applicant for setting aside the order dismissing the Second Appeal dated 11th June, 2009 for default and for restoration of the said Second Appeal. The reasons for not remaining present before this court on 11th June, 2009 are set out in 2 paragraphs 3 and 4 of the application. In view thereof, the order dated 11th June, 2009 is set aside. The Second Appeal alongwith Civil Applications are restored. The Appellant/Applicant shall pay costs of Rs.3,000/- to the Respondents on or before 9th November, 2009. 2. Place the Second Appeal for admission on 10th November, 2009. 3. This Civil Application is, accordingly disposed of. (S.J.KATHAWALLA J.)