MP 1 WP9229_10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9229 OF 2010 Hanmant Vilas Patil and others ... Petitioners Versus Gulab Abdul Mujawar ... Respondent Mr. Milind Deshmukh for Petitioners. CORAM : B.R. GAVAI, J. FRIDAY, MAY 06, 2011 P. C. : Inspite of being duly served with notice, none appears for the respondent. 2. The petitioner challenges the order dated 13th September 2010 vide which the application filed by the present petitioner for restoration of Regular Civil Appeal No. 808 of 1999 which was dismissed for default, came to be rejected. 3. I find that instead of foreclosing the doors of justice to the litigant on hypertechnical ground, it would be in the interests of justice that the parties are permitted to get their dispute decided on merits. 4. In that view of the matter, rule made absolute in terms of prayer clause (b). 5. Vide order dated 11th February, 2011, this Court had directed the amount of Rs. 5,000/- to be deposited, which has been MP 2 WP9229_10 deposited by the petitioners. The said amount was directed to be deposited so as to meet the costs of the respondent in defending the present proceedings. Since the respondent has not appeared, the petitioners are permitted to withdraw the said amount. (B.R. GAVAI, J)