1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.1084/2010 IN MISC. CIVIL APPLICATION NO.12028/2010 IN W.P. NO.5138/2004 (Municipal Council, Tumsar vs. Vijay s/o Dhanu Wahane and another) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri M.I. Dhatrak, Advocate for the applicant. Ms. Khan, Assistant Government Pleader for the respondent nos. 2 and 3. -------- CORAM : R.M. SAVANT, J. DATED : JULY 1, 2011 By the above civil application, the applicant seeks condonation of delay of 2 years and 82 days in filing the miscellaneous civil application for restoration of writ petition. The reasons why the delay has occasioned are mentioned in the civil application. None appears for the respondent no.1 though served. The learned Assistant Government Pleader appears for the respondent nos. 2 and 3. Accepting the reasons mentioned for 2 delay, the civil application is allowed. Resultantly, the delay of 2 years 82 days in filing miscellaneous civil application for restoration of writ petition stands condoned. The civil application is accordingly disposed of. MISC. CIVIL APPLICATION NO.12028/2010 By the above miscellaneous civil application, the applicant seeks restoration of Writ Petition No. 5138/2004, which has been dismissed for non-prosecution on account of non-removal of the office objection. The objection was as regards bringing the legal heirs of the respondent no.1 on record, who are already brought on record post the dismissal of the writ petition. The miscellaneous civil application would, therefore, be required to be allowed and is accordingly allowed. Resultantly, Writ Petition No.5138/2004 is restored to file. JUDGE khj 3