1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No.853 of 2009 In Misc. Civil Application (Resto.) St.No.13853 of 2009 In Writ Petition No.1173 of 1994 (D) (Ratnadeep Nandan Vyam Shala, through Secretary v. Nagpur Improvement Trust, through Chairman, Nagpur) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri Anand Parchure, Advocate for Applicant. Shri S.K. Mishra, Advocate for R- 1. Shri D.B. Yengal, AGP for R- 2 to 4. Shri S.M. Puranik, Advocate for R- 6. Shri P.S. Sadavarte, Advocate for R- 7 and 8. Coram : A.H. Joshi and A.R. Joshi, JJ. Dated : 10 th November, 2009 1. The learned Advocate for the applicant prays for deleting the name of respondent No.5 as he is dead, and that his interest is not personal and succeedable. 2. Deletion allowed. 2 3. Accepting the reasons stated in the application to be satisfactory, Civil Application No.853 of 2009 is allowed and the delay of 358 days in filing the application for restoration of the petition is condoned. Judge. Judge. pdl