1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No.3995 of 2006 In W.P.No.62/1989. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard counsel. 2. The application is filed for reviewing of the dismissal order rendered in W.P.No.62/1989. I have perused the dismissal order rendered by the learned Single Judge (Naik,J.). 3. It appears that the petitioner was represented by Gulam Mustafa, advocate. It is pertinent to notice that the contention of the petitioner is that Mr.Gulam Mustafa, advocate was suffering from serious illness at the relevant time and could not attend when the matter was scheduled for hearing. It is stated that Mr.Gulam Mustafa, advocate subsequently was hospitalised and died on 6.4.2005. 4. Mr.Mujtaba, advocate is present in person and states that deceased Gulam Mustafa was his father and was suffering from illness since about a couple of years prior to his death. He states that Gulam Mustafa was unable to attend the Court work during the relevant period probably. 5. It is amply clear from perusal of the impugned order of dismissal that the learned Judge (Hon'ble Naik,J.) decided the Writ Petition on merits. The decision was rendered in absence of counsel for the petitioner. The petition could be dismissed in default. However, it is difficult to gather what was in the mind of the learned Judge when the decision is rendered on merits. 6. Considering the submissions and the averments in the application, the impugned order dated 5.11.2003 is reviewed and is set aside. The Review is recalled and set aside. The petition be restored to its original position and be enlisted for final hearing on 3.2.2010. (V.R.KINGAONKAR,J.) Dt.25.01.2010. asp/office/Ca3995.06