1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.464 OF 2009 IN WRIT PETITION NO.4828 OF 2006 Shri Popatlal Akhubhai Wala. ..Applicant. V/s. Prabhadevi Properties & Trading Co. Pvt.Ltd. & Ors. ..Respondents. Mr.Abhijeet Sarwate i/b. Rajaram R. Adep for applicant. Mr.A.M.Kulkarni i/b. Mr.D. Mehta for respondent No.2. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 2, 2009. DATE : APRIL 2, 2009. DATE : APRIL 2, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. This Application is filed to recall the order dated 8th December, 2006. By that Order, the Writ Petition No.4828 of 2006 was disposed of on the basis of the statement made by the Counsel for the Applicant/Writ Petitioner that the main matter in which the impugned order was passed itself has been disposed of for which reason nothing would survive for consideration in the Writ Petition. In the present application, it is stated that the main 2 matter has been restored to the file of the lower Court to its original number, for which reason, the cause for which the Writ Petition was disposed of is non-existing reason. 3. At the same time, it is alleged that the advocate Mr.S.S.Deshpande who had appeared on 8th December, 2006 representing Applicant/Writ Petitioner was not instructed by the Advocate on record for the Petitioner to make such statement. However, in view of the stand taken by the Respondent as conveyed through the Counsel on instruction of Mr.Rajaram Khade, advocate on record on the basis of instructions given by the Applicant who is present in the Court, the Applicant be permitted to be deleted the said allegation from the record. Accordingly, in view of the stand taken by the Respondent and the oral request made by the Applicant, the Applicant is allowed to delete the allegation made against the Advocate Mr.S.S.Deshpande at pages 4 and 5 and it may be treated as having been effaced from the record. Amendment be carried out in the course of the day. 4. Reverting to the reason stated in the application that the main matter has now been restored. That may be correct. The question is what 3 prevented the Applicant to file the present application inspite of being informed about the order as back as on 19th January, 2007, till 15th October, 2008. There is absolutely no explanation in this behalf. Averments in the application do not make out any cause for not filing the present application for almost over two years from the date of intimation on 19th January, 2007 regarding Order dated 18th December, 2006. On this count alone, the Application should fail and the same is dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)