1 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.3489 OF 2010 Debashish D. Gosh & Anr. ...Petitioners vs. Shri Jeet Narayan R.Pandey & Anr. ...Respondents Mr.M.S.Mhambrey for the petitioners None for the respondents CORAM :A.S.OKA,J. DATE : MAY 3, 2010 P.C.: 1 Heard the learned counsel for the petitioners. The petitioners are the original defendants. By the impugned order, the learned trial Judge has restored the suit filed by the first respondent which was dismissed for non prosecution. The petitioners have been compensated by awarding costs of Rs.5,000/-. The learned counsel for the petitioners submitted that the first respondent and his Advocate were persistently absent as is indicated from the Roznama of the suit. 2 No case is made out for interference with the impugned order. The effect of the impugned order is that the suit filed by the first respondent which was dismissed for default has been restored subject to payment of costs of Rs.5000/- to the petitioners by the first respondent. This is not a case where power of superintendence under Article 227 of the Constitution of India can be exercised. Writ Petition is rejected. JUDGE 2