1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. WRIT PETITION NO.1131 OF 2008. Mahatma Bahu Uddeshiya Shikshan Sanstha .vs. Tapovan Complex Flat owners Association -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. Mr.H.D.Dangre, Adv. for the petitioner. Mr.M.M.Sudame, Adv. for respondent no.1. Coram: J.H.BHATIA,J. Dated : 14th JANUARY, 2009. 1. Heard the learned counsel for the parties. 2. The petitioner had filed regular Civil Suit No.1012 of 2004 in the court of Civil Judge (Sr.Dn.), Nagpur. Issues were framed on 4/8/2006. Thereafter the matter was adjourned to 19/4/2007, 7/6/2007 and 26/6/2007. While the plaintiff and defendant no.2 and their advocates were absent, defendant no.1 alone was present on 7/6/2007. The matter was adjourned for dismissal 2 order to 26/6/2007. The plaintiff and his advocate were absent and the suit came to be dismissed. The petitioner filed application for restoration of the suit and for setting aside the dismissal orders. That application was rejected by the trial court. Hence, this petition. 3. Taking into consideration the record and the absence of the plaintiff only on 2 or 3 occasions, I find that interest of justice would be served by passing the following order. The impugned order is hereby set aside. MJC No.187 of 2007 is allowed. The Regular Civil Suit No.1012 of 2004 is hereby restored to the file subject to payment of costs of Rs.2500/- to be paid to the defendants. As amount of Rs.2500/- is already deposited with this court by the petitioner, the same may be withdrawn by respondent no.1, who is contesting party. The petition stands disposed of accordingly. JUDGE. chute 3