1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Misc. Civil Application No. 479 of 2009 In WRIT PETITION NO. 5075 OF 2008. Punamsingh Kartarsingh Gabbi Punjabi 7 Ors. Vs Radheshyam Gorelal Agrawal & Ors. ------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------- Shri G. S. Bapat Adv. for petitioner. Respondent in person. CORAM: C. L. PANGARKAR J. DATED: 1 st JULY, 2009. Heard Shri Bapat learned counsel for the applicant and the non applicant No.1 in person. This Writ Petition No. 5075 of 2008 was listed before the Court on 24.03.2009. Same came to be dismissed, hence this application for restoration has been filed. 2 Learned counsel for petitioner submits that when the matter was called out by the Curt the counsel could not remain present before the Court due to the fact that he was busy in another Court. The ground appears to be genuine. In the circumstances petition stands restored to file. Respondent submits that the Court may not grant interim order in favour of the petitioner if at all the petition is to be restored to file. Shri Bapat submits that the construction is already complete and therefore there is no question now of even status quo being maintained. However, in order that the property as it is should be preserved, it is necessary to direct both the parties that they shall not tamper with the property in any way till the decision of the Writ Petition. JUDGE svk