1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.13188 OF 2008 IN CIVIL APPLICATION ST.NO.21103 OF 2008 IN SECOND APPEAL ST.NO.2183 OF 2008 Late Kamladevi w/o Shubhakaran Dhanuka, deceased through her Lrs. i) Shubhakaran s/o Murlidhar Dhanuka, Died, Lrs: ii) Rajkumar Shubhakaran Dhanuka and others. ...APPLICANTS. VERSUS The Cantonment Board, Aurangabad and another. ...RESPONDENTS. ... Mr. M.K. Goyanka Advocate for Applicants. Ms. Shital Kulkarni Advocate h/f. Mr. D.V. Soman Advocate for Respondent No.1. ... CORAM: K.K. TATED, J. DATE : 26TH JUNE, 2009. PER COURT : 2 1. Heard learned counsel for the Applicants and learned counsel for Respondent No.1. 2. Present Civil Application preferred by the Applicant for condonation of 16 days delay in preferring Civil Application for recalling the order dated 1st September, 2008 passed in Civil Application No.5799 of 2008. 3. It is the case of the Applicant that on 1st September, 2008 the Advocate appearing for Applicant has not received the Daily Board of the matters and therefore, he was not aware about the listing of the matter for hearing. Learned counsel for Respondent No.1 vehemently opposed the present Civil Application. 4. Considering the averments in Para 5 and 6 of the Application, Civil Application is allowed in terms of prayer clause (B) on condition to pay a cost of Rs. 500/- to be paid to Respondent No.1 within two weeks from today. Prayer clause (B) reads as under: " (B) The delay of 16 days caused to file the civil application for 3 recalling the order dtd. 01.09.2008 passed by this Hon'ble Court in civil application no.5799/2008 in S.A. St. No.2183 of 2008, may kindly be condoned." 5. Civil Application is disposed of accordingly. (K.K. TATED, J.) asb/JUN09/ca13188.08