1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 3788/2009. ( Shriram B. Thakre -: versus :- Addl. District Collector and another ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : DECEMBER 15, 2009. Heard Shri N.R. Patil, learned counsel for petitioner, learned A.G.P. for respondent nos. 1 and 2 and Shri S.V. Purohit, learned counsel for respondent nos. 3 to 6. Shri Purohit, learned counsel has pointed out that earlier Writ Petition in same subject matter filed vide stamp no. 7994/2007 came to be dismissed for want of prosecution on 30.07.2007. He states that the petitioner/tenant has to seek restoration of that Writ Petition and present Writ Petition is not maintainable. Shri Patil, learned counsel contends that, as that Writ Petition was not decided on merits, there is no question of res-judicata. In the alternative and without prejudice to his contentions, he states that the present Writ Petition may be treated as Civil Application for restoration of that writ petition. 2 Shri Purohit, learned counsel has no objection if present Writ Petition is treated as Civil Application for restoration. Hence, for the reasons disclosed the order dated 30.07.2007 dismissing Writ Petition Stamp No. 7994/2007 is recalled and said Writ Petition is restored back to file. Shri Patil, learned counsel has pointed out that there are some subsequent events thereafter. The subsequent events raised are allowed to be added to that Writ Petition by carrying out necessary amendment. List Writ Petition St.No. 7994/2007 for admission before appropriate Bench immediately after vacation i.e. on 07.01.2010. Interim order protecting the possession of petitioner/applicant operating in this Writ Petition to continue till then. Present Writ Petition is disposed of accordingly with no order as to costs. However, it should be kept along with Writ Petition St. No. 7994/2007 on 07.01.2010 for reference. No cost. JUDGE Rgd.