1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9833 OF 2009 Shivaji Rau Pawar ........ Petitioner versus Rama Chandru Mahar (Waghmare)........Respondent. Mr. Gautam Kamble i/b. S.G. Deshmukh adv. for the Petitioner Mr. Santosh Narwad adv. for the Respondent. CORAM: A. P DESHPANDE, J. DATED : 16th December, 2009. P. C.: 1. The petitioner/defendant has challenged the order passed by the trial court dated 14­8­2009 restoring the suit which was dismissed in default. After hearing the learned counsel for the parties for quite sometime the parties are in agreement that the impugned order be not interfered with on payment of costs of Rs. 5,000/­ by the respondent to the petitioner. In view of the concession so made available, the petition stands dismissed. However the respondent shall pay costs of Rs. 5000/­ to the petitioner which includes the costs awarded by the trial court. Petition is disposed of. (A. P. Deshpande, J.)