1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.O.No. 652/2010 AND M.C.A.ST.NO. 4073/2010 IN W.P.NO. 1758/2002. Municipal Council, Tumsar. -: VERSUS :- Moreshwar Murlidhar Chaware and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JULY 21, 2010. Heard Shri M.I. Dhatrak, learned counsel for applicant and Shri Sonare, learned A.G.P. for respondent nos. 2 and 3. No body appears for respondent no.1, though he is served. Shri Dhatrak, learned counsel states that the Municipal Council was not aware of the dismissal of the Writ Petition No. 1758/2002, and after getting knowledge the steps have been taken. The application is supported by an affidavit and I, do not find any malafides. Hence delay of 65 days in filing M.C.A. is hereby condoned. For the same reason, request made in M.C.A.St. No. 4073/2010 is granted. Dismissed Writ Petition No.1758/2002 is restored back to file by recalling the order dated 27.11.2009. Issue notice of restoration to respondent no.1, returnable on 30.08.2010. JUDGE Rgd.