1 caw2976.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Civil Application No. 2976 of 2010 IN Writ Petition No. 4583 of 2009 Ashlesha Dinesh Samant ...Applicant v/s. Smt. Manjula Namdev Shinde & anr. ...Respondents Mr. P.S. Dani for the applicant. CORAM:- B.R. GAVAI, J DATED :- FEBRUARY 14, 2011. P.C. This is an Application for restoration of the Petition which was dismissed as it was found to be infructuous in view of the dismissal of the suit. The matter was called out in the morning session, however, since the Counsel for the Respondent was not present, it was kept in the second sessions so as to enable him to appear in the matter. On the second call also the Learned Counsel for the Respondent has not appeared. 2. Heard Shri Dani. The only ground on which the Petition was 2 caw2976.10.sxw dismissed as infructuous was that the suit itself has been dismissed in default. 3. The Applicant has annexed the order dated 8th February, 2010 alongwith the present Application vide which the suit in question has been restored. 4. In that view of the matter, Civil Application is allowed in terms of prayer clause (a). 5. Post the matter for admission on 28th February, 2011. (B.R. GAVAI, J)