1 caw-2407-11 in wp-1422-04 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2407 OF 2011 IN WRIT PETITION NO.1422 of 2004 Bhimrao Dhondi Tagare .. Applicant Versus Rajabai Jalindar Patil & Ors. .. Respondents Mr. Surel Shah for the Applicant Mr. Ashok Tajne for the Respondent Nos.1 to 4 CORAM : R.M.SAVANT, J. DATE : 15th NOVEMBER, 2011 P.C. : 1 The above Civil Application has been filed for restoration of the above Writ Petition which has been dismissed for non prosecution on account of non payment of bhatta charges. However, Shri Tajne now appears for Respondent Nos.1 to 4 who are the contesting Respondents and has no objection to the Writ Petition being restored. Considering the reasons mentioned in the Civil Application, the same commend acceptance. The Civil Application is accordingly allowed. Resultantly, the Writ Petition is restored to file. 2 caw-2407-11 in wp-1422-04 2 The Civil Application is accordingly disposed of. 3 List the Writ Petition for final hearing on 7-12-2011. Since the Writ Petition is restored to file in the interest of justice the interim relief which was granted would have also to be restored which is accordingly restored in terms of prayer clause (d). Shri Tajne waives service on behalf of Respondent Nos.1 to 4. The Learned Counsel for the Petitioner in the meantime to take steps to serve the Respondent No.5. If the service is not complete before the next date, the hearing of the petition would proceed at the risk of the Petitioner. (R.M.SAVANT, J.)