1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.279 OF 2008 NOTICE OF MOTION NO.279 OF 2008 NOTICE OF MOTION NO.279 OF 2008 IN IN IN WRIT PETITION NO.118 OF 1994 WRIT PETITION NO.118 OF 1994 WRIT PETITION NO.118 OF 1994 Roshanlal Jain .. Petitioner vs. MHADA & Anr. .. Respondents Mr.A.R.Pande for the petitioner Mr.R.P.Ojha for respondent nos.3 Mr.S.A.Dhamale for respondent nos.4 CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & A.A. SAYED, JJ. A.A. SAYED, JJ. A.A. SAYED, JJ. DATE: 17TH MARCH, 2009 DATE: 17TH MARCH, 2009 DATE: 17TH MARCH, 2009 P.C. 1. Leave granted to amend the prayer clause (b) of the petition. Necessary amendment be carried out forthwith. Amended copy of the petition be placed on record and copies be furnished to the other side. 2. This Notice of Motion has been taken out by the petitioner seeking restoration of the petition which is strongly objected to by the learned counsel for the respondent no.4 on the ground that thrice the petition 2 was dismissed for want of prosecution and it has become a habit on the part of the petitioner to move this court for restoration and this sufficiently establishes that the petitioner has not been diligent in prosecuting the petition. 3. The learned counsel for respondent nos.3 has no objection. In view of the fact that the petition was admitted, we are inclined to restore the petition with a caution that in future if the petitioner fails to attend the matter, we would not entertain any such request. 4. Notice of Motion is made absolute in terms of prayer clause (a). 5. The learned counsel for the petitioner states that in so far as Notice of Motion No.506 of 2006 is concerned, he will place the consent terms on record within 4 weeks. Notice of Motion be listed on 20.04.2009. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) 3 (A.A. Sayed, J.) (A.A. Sayed, J.) (A.A. Sayed, J.)