1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1499 OF 2009 IN WRIT PETITION NO. 753 OF 1991 Tukaram D. Chopade .. Applicant Petitioner Versus Andappa G. Walekar (Since deceased through his LR's) Nagnath Andappa Walekar (Since deceased through his LR's) Smt. Housabai N. Walekar & Ors. ..Respondents Mr. Vaibhav Gaikwad i/b. Mr. a. M. Kulkarni for the Petitioner. Mr. Manoj Chatage for Respondent No.2. CORAM : R. V. MORE, J. DATED : JULY 9, 2010. P.C.: This Civil Application is taken out by the Petitioner for restoration of the above writ petition by condoning the delay. The Petition was already admitted and pending for final disposal. When the Petition was called for final hearing on 18th August, 2004, none appeared on behalf of the 2 Applicant/Petitioner, hence, same came to be dismissed for non-prosecution. In paragraph Nos. 4 and 5 of the Civil Application, an explanation is given that the petition was entrusted to another advocate who did not remain present when the matter was called out for final hearing. It is further stated that all the way the Applicant/Petitioner was under an impression that the matter was pending and for the first time in the month of April 2009 when the Applicant's son visited his earlier advocate, he made an enquiry, and thereafter, it was revealed that the matter was dismissed for non-prosecution. 2. The Petition was dismissed for non-prosecution on 18th August, 2004, and the present Civil Application was filed on 8th May, 2009. There is delay of merely five years in taking out this Application. Paragraph Nos. 4 and 5 discloses some reasons for condonation of delay, and, for restoration of the Writ Petition. The reasons are not satisfactory. However, in the interest of justice, I am inclined to restore the Writ Petition, however, subject to payment of heavy costs. 3 3. The Civil Application is, accordingly, disposed of by passing following order : :: O R D E R :: i. The Civil Application is allowed in terms of prayer clauses (b) and (c), and the Writ Petition No. 753 of 1991, is restored to the file, subject to the Applicant's paying costs of Rs. 5000/- (Rs. Five thousand only), to the Respondents within a period of four weeks, from today. (R. V. MORE, J.)