CAW. 685-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 685 OF 2011 IN CIVIL WRIT PETITION No. 3224 OF 1995 Antony Pedat Ferrao (since deceased represented through the L.Rs.) ...Applicants Vs. Umaji Ganesh Pandyam ...Respondent *** Mr. R. S. Ghadge i/b Mr. A. S. Desai, for the Applicants. Mr. Clive D’Souza, for the respondent. *** CORAM: V. M. KANADE J. DATE : APRIL 5, 2011 P.C. . Heard the learned counsel appearing for the applicants and the respondent. By this application, the applicants are seeking setting aside of the order dated 11-2-2011, whereby the Writ Petition was dismissed. The learned counsel for the respondent submits that no reasons have been given in the application for setting aside the order of dismissal of the Writ Petition for default. 2. In paragraph 3 of the Civil Application, the applicants have CAW. 685-11 - 2 - stated that on 11th February the matter at Sr. No. 247 was going on before the Court (Coram : Mr. D. G. Karnik, J.) and the applicant’s petition was at Sr. No. 283 and suddenly the board collapsed and when his petition was called out, as none of the advocates for the parties were present, his petition was dismissed for default. It is stated that by the time the applicant’s advocate came to the Court at about 4.40 p.m., but his matter was called out at about 4.30 p.m. The present civil application was, therefore, filed immediately within 4 days. In view of these averments in paragraph 3 of the application, in my view, a sufficient cause has been shown by the applicant for not appearing in the Court on that date. Civil Application is, therefore, allowed, and the order dated 11-2-2011 is recalled and Writ Petition No. 3224 of 1995 is restored to the file. Civil Application is, accordingly, disposed of in terms of prayer Clause (a). 3. Place the Writ Petition on final hearing board on 11th April, 2011 (High on board). [ V. M. KANADE J.]