1 caw524-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.524 OF 2011 IN WRIT PETITION NO.3274 OF 1994 Rabindranath Kisanlal Tiwari ..Applicant. V/s. Sitaram Karamchand Dange & Ors. ..Respondents. Mr. Markand P. Panchakshari i/b. S.K. Shinde for applicant. Mr. V.S. Agarwal i/b. Divya Shah & Ass. for respondents. CORAM : J.P. DEVADHAR AND SMT. R.S. DALVI, JJ. DATED : 11TH MARCH, 2011 P.C. :- 1. Heard. This Civil application is taken out for recalling the order dated 9/6/2009 whereby the Writ Petition was dismissed for default and for condonation of 524 days delay in taking out the Civil Application. 2. The averments made in the Civil Application are that even after the Writ Petition was dismissed on 9/6/2009, the matter appeared on board on several occasions along with another matter, with which it was tagged. It is only in September 2010, the applicant came to know 2 caw524-11 about the dismissal of the petition on 9-6-2009 and immediately thereafter steps were take to file the present civil application. The respondents have strongly opposed the Civil Application by filing their affidavit in reply. 3. In our opinion, in the facts of the present case sufficient cause is shown for condoning the delay and recalling the order dated 9-6-2009. Accordingly, the Civil Application is made absolute in terms of prayer clauses (a) & (b). 4. Civil Application is disposed off with no order as to costs. (SMT. R.S. DALVI, J.) (J.P. DEVADHAR, J.)