-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1102 OF 2008 CIVIL APPLICATION NO. 1102 OF 2008 CIVIL APPLICATION NO. 1102 OF 2008 IN IN IN WRIT PETITION NO. 4730 OF 2005 WRIT PETITION NO. 4730 OF 2005 WRIT PETITION NO. 4730 OF 2005 Shri Dyanadeo Siddhabet Tapovan & Ors. .. Applicants. V/s. The State of Maharashtra & Others .. Respondents. --- Mr.S.B.Deshmukh i/by Mrs. Vanita V.Bakre-Shastry for the Applicants. --- CORAM : D. K. DESHMUKH & CORAM : D. K. DESHMUKH & CORAM : D. K. DESHMUKH & N.D.DESHPANDE, JJ. N.D.DESHPANDE, JJ. N.D.DESHPANDE, JJ. DATED : 24TH APRIL, 2008. DATED : 24TH APRIL, 2008. DATED : 24TH APRIL, 2008. P.C. : P.C. : P.C. :- . There was an interim order dated 03.10.2005, admittedly operating in favour of the applicant/ petitioner. It appears that at the instance of the petitioner the hearing of the petition was expedited. On 19th March, 2008 when the matter was called out for hearing twice, the petitioner did not remain present and therefore, the matter was dismissed. 2. The only excuse given by the petitioner is that on that day, the matter was at serial No. 77 and that his Advocate was under an impression that the matter may not be called out on that day i.e. 19.03.2008. This -: 2 :- reason cannot be accepted because there are monitors fixed by the court even in the Bar Association. Therefore, lawyers are fully aware of the matter that is being called out for hearing in the court. However, in the interest of justice in our opinion, the petition will have to be restored but there is no justification for continuing the interim order. 3. The Civil application is, therefore, granted in terms of prayer clause (a). However, interim order dated 03.08.2005 operating in the writ petition No. 4730/2005 is hereby vacated. Now there is no reason to hear the petition out of turn and the office shall place the petition for hearing in the regular course. Civil application is disposed of. (D.K. DESHMUKH,J.) (N.D.DESHPANDE,J.) .....