1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3810 OF 2008 Murlidhar Raoji Tatane & Ors. ..Petitioners. V/s. Deoram Thama Dhamale & ors. ..Respondents. Mr.R.M.Hardas for petitioners. Mr.C.G.Gavnekar for Respondents. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 2, 2009. DATE : APRIL 2, 2009. DATE : APRIL 2, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. According to the Petitioners, in the fact situation of the present case, the only option for the Respondents was to activate the first Darkhast being R.D. No.70 of 2001, which was admittedly rejected for default. That order passed on 18th June, 2005 having attained finality, it was not open to the Respondents to take recourse to another application being Regular Darkhast no. 38 of 2006. 3. The Counsel for the Respondents submits that instead of getting embroiled in this controversy, the Respondents will be well advised to pursue the former 2 Darkhast being R.D. No.70 of 2001 by moving the same Court for recall of order dated 18th June, 2005 and seeking such relief, as may be required. In that case, the Respondents may not pursue Regular Darkhast No.38 of 2006. That statement would be made before the Executing Court and appropriate orders be invited in that behalf in Regular Darkhast No.38 of 2006. 4. In view of the stand taken by the Respondents as noted earlier, nothing survives for consideration in the present Petition. The same is disposed of on the assurance given by the Respondents through Counsel as aforesaid. 5. Needless to observe that all aspects that may arise for consideration in the proposed application/proceedings, to be filed by the Respondents for revival of former Regular Darkhast No.70 of 2001 are left open to be decided on its own merits in accordance with the law. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)