1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 3271/2008 Inderchand Harishchandra Jain and ors..vs.Smt. Tukabai Durga Natnaware & Ors -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- Mr. M. Anilkumar, Advocate for the petitioners. Mr. Dorle, Advocate for respondent nos. 2,5 and 6. Mr. Malke, Advocate for respondent no. 3. CORAM: B. P. DHARMADHIKARI, J. DATED : 5 th DECEMBER, 2008 1. Heard learned counsel for the parties. 2. Counsel for the respondents have pointed out that application for restoration is already pending before the trial Court. Learned counsel for the petitioner informs that on the very day the an application was moved in the execution proceeding itself for setting aside the dismissal order and no separate proceedings are filed for the same. 3. It is clear that the petitioner has got remedy to move the very same Court for restoration. The Court below is competent to decide the same in accordance with law. The petitioner is at liberty to challenge the order passed therein, if the same is adverse to them. 4. In view of the remedy available to the petitioners, the writ petition is disposed of. No costs. JUDGE kahale