SSK/5 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 981 OF 2010 IN WRIT PETITION NO.1890 OF 2009 Yeshwant Bapu Dalavi ....Applicant/Petitioner Versus Kashibai Abba Sutar & Ors. ...Respondents Mr. Vishal Kothare i/b. M/s. Khandeparkar & Associates, Advocates for the Applicant/Petitioner. CORAM : R. V. MORE, J. DATED : 15th APRIL, 2010. P.C.: Heard learned Counsel for the Applicant. 2. The civil application is taken out for restoration of writ petition. The writ petition was dismissed by an order dated 1st July, 2009 for failure on the part of the learned Counsel for the Petitioner to appear when the matter was called out. The writ petition was dismissed in default, even prior to issuance of notice, therefore, the presence of the Respondents can be dispensed with, while disposing the civil application. In paragraph nos. 6 & 7, the Applicant has given reasons for failure on his Counsel’s part to appear before the Court, when the matter was called out. I find those reasons are sufficient, to restore the writ petition. The civil application is accordingly allowed in terms of prayer clauses (a) and (b). (R. V. MORE, J.)