1 CAW No.2352/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2352 of 2010 IN WRIT PETITION NO.5223 of 2010 Motilal Hemavadan Sujan ... Applicant versus Channama Koti Poojari & ors. ... Respondents ... Mr. A.A.Kumbhakoni, Sr.Counsel i/b P.R.Moses for the applicant Ms.B.N.Dabholkar for respondent nos.1 to 5. CORAM : D.G. KARNIK, J DATED : 24th November 2010 P.C. 1. Heard learned counsel for the petitioner and respondents. 2. For the reasons stated in paragraph nos.5 and 6 of the application, the order of dismissal of writ petition no.5223 of 2010 for non prosecution is recalled and set aside and writ petition is restored to file subject to payment of costs of Rs.1,000/- Costs should be paid to the respondents’ advocate within two weeks and receipt be produced in the office. In the event of non-production of the receipt within two weeks, civil application shall stand rejected without further reference to the Court. (D.G.KARNIK, J)