FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4998 OF 2009 IN SECOND APPEAL NO. 41 OF 1992 ------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar’s orders | ------------------------------------------------------------------------------------------------------------ Mr. M.L. Dharashive, A.G.P. for applicants. Mr. A.N. Nagargoje, Advocate for respondent No.1 & 2. CORAM : K. K. TATED, J. DATE : 11th JUNE, 2009 PER COURT : 1. Heard learned Counsel for the parties. 2. Present Civil Application is preferred by the original defendant for recalling order dated 09-04-2009 passed in second appeal. As per order dated 09-04-2009 second appeal came to be dismissed for default as no one appeared on behalf of the appellant when the matter was called out for final hearing on two occasions. 3. Considering the reasons disclosed by the applicant in Para 3 of the Civil Application, Civil Application is allowed in terms of prayer clause (B) which reads as under. "(B) The order pass on 9/4/2009 may kindly be recalled and dismiss in default order may kindly be set aside and restored the second appeal on its original stage. 4. The applicant to pay sum of Rs. 500/- (Rs. Five hundred only ) towards cost to the Advocate for respondents. 5. Civil Application is disposed of accordingly. [ K. K. TATED, J. ] sut/JUN09/ca4998.09