*1* caw.1280.11.wp.226.02.910.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1280 OF 2011 IN WRIT PETITION NO.226 OF 2002 Shankar Peera Kupade (decd.) and others. ..Applicants ­Versus­ Ratnabai Shankar Kupade and others. ..Respondents .......... Mrs.Varsha Palav, for the Applicants/Petitioners. Mr.G.M.Savagave, for the Respondent Nos.13 and 14. Mr.Vaibhav Patankar i/b M.S.Lagu, for the Respondent Nos.12 and 15. .......... CORAM : S.C.DHARMADHIKARI, J. Date : 29th June, 2011. P.C.: 1 Heard both sides. The petition was dismissed for non removal of office objection. Therefore, this Civil Application is moved for restoration. 2 Mr.Savagave, learned counsel appearing for the Respondent Nos.13 and 14, opposes this application on the ground that the delay in making the same is not explained. The order of dismissal is dated 29.01.2003 and the Civil Application has been moved after the delay of eight and half years. Equally, other Respondents are also opposing this Civil Application. 3 Bearing in mind that the Petitioners deserve an opportunity to persuade this Court to pass an order in their favour on merits and since the petition was admitted way back in the year 2002, in the peculiar facts of this case, the conditional order is recalled and the Writ Petition is *2* caw.1280.11.wp.226.02.910.sxw restored, provided the Petitioners pay the costs quantified at Rs.2500/­ to the Respondent Nos.13 and 14. The costs condition precedent, to be tendered within a period of two weeks from today. The Civil Application is made absolute accordingly. (S.C. Dharmadhikari, J)