1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.886 OF 2009 IN WRIT PETITION NO.1628 OF 2009 Mrs.Fainy Pesi Ragina & Ors. ..Applicant. V/s. Mrs. Jeroo R. Engineer. ..Respondent. Mr.P.S.Dani i/b. Vaibhav Mehta & Associates for applicant. Ms.S.V.Thakkar i/b. R.V.Thakkar for Respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 2, 2009. DATE : APRIL 2, 2009. DATE : APRIL 2, 2009. P.C. : P.C. : P.C. : 1. Not on board. Upon production taken on Board. 2. For the reasons mentioned in the Application, in my opinion, in the interest of justice, it is appropriate to permit the Applicants/Petitioners to pursue remedy of Writ Petition before this Court. Counsel for the Petitioners states on instruction that in that case the Petitioners will withdraw the Revision Application already filed on the assumption that they have been granted liberty to pursue that remedy in terms of the Order dated 23rd January, 2 2009. Accordingly, this Application is allowed to the extent that 23rd January, 2009 is recalled and Writ Petition No.1628 of 2009 is restored to the file to its original number to be proceeded for admission under caption "admission(fresh)" on 6th April, 2009. The Petitioners in the mean time shall take steps to withdraw the Revision Application. 3. The Grievance of the Respondent that the Petitioners/Applicants do not deserve any indulgence from this Court on account of their conduct, may be relevant at the time of considering admission of Petition. All aspects in that regard are left open, to be decided on its own merit. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)