1 SSK/9 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1843 OF 2009 IN WRIT PETITION NO. 8179 OF 2006 Sitabai Ramu Naik & Anr. ....Petitioners. Vs. The State of Maharashtra & Ors. ....Respondents. Mr. M. B. Gawade, Advocate for the Petitioners. Mr. R. M. Patne, AGP for Respondent Nos. 1 & 2. CORAM : R. V. MORE, J. DATED : 1st APRIL, 2010. P.C.: The application is taken out by the Petitioners for restoration of the above writ petition. The said petition was dismissed in default by an order of this Court on 13th July, 2007. Since the petition was dismissed in default prior to even issuing notice to the Respondents, I am of the opinion that the presence of the Respondents for deciding this application can be dispensed with. 2 2. The explanation as to why the Petitioners could not remain present when the matter was called out is given in paragraph 2 of the civil application. It is averred that the Petitioner had filed leave note on the same date as he was not well. I find this reason sufficient to restore the writ petition. The civil application is, accordingly allowed in terms of prayer clause (a). 3. The Office is directed to place the writ petition for admission on 13th April, 2010. (R. V. MORE, J.)