1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3146 OF 2009 IN WRIT PETITION NO. 1651 OF 1998 WITH CIVIL APPLICATION NO. 3147 OF 2009 1. Dattatray Bhau Kashid deceased ..Applicants/ 2. Tulsidas D. Kashid ..Petitioners versus State of Maharashtra & Ors. ..Respondents Mr. B. A. Walimbe for Applicants / Petitioners. Mr. C. R. Sonawane – AGP for Respondent Nos. 1 to 3 – State. Mr. Pritesh Bohade i/b. Mr. Dilip Bodake for Respondent No. 4. Mr. A. M. Kulkarni for Respondent No. 4. CORAM : D. D. SINHA & A. A. SAYED , JJ. DATED : JANUARY 12, 2010. P.C. : 1. Heard the learned counsel for the applicants / petitioners, the learned AGP for the State and the learned counsel for the respondent No. 4. 2. Civil Application No. 3146 of 2009 is moved by the applicants for restoration of writ petition No. 1651 of 1998 which was dismissed for want of prosecution vide order dated 23rd June 2009. 2 3. Considered the contentions canvassed by the learned counsel for the parties and perused the Order dated 23rd June 2009. The Order dated 23rd June 2009 is recalled subject to costs of Rs.1,000/- (Rupees One Thousand) to be paid to the High Court Legal Services Committee, Bombay, within a period of two weeks. On deposit of the said costs, the Order dated 23rd June, 2009 shall stand revoked. Writ petition No. 1651 of 1998 shall stand restored to the file of this Court. Civil Application is allowed in above terms. 4. Mr. Pritesh Bohade i/b. Mr. Dilip Bodake states that earlier Mr. Bodake was representing the respondent No.4. However, now Mr. Kulkarni the learned counsel is representing the respondent No.4. Mr. Kulkarni does not dispute this aspect of the matter. In that view of the matter, Mr. Bodake is discharged from the matter. 5. So far as Civil Application No. 3147 of 2009 is concerned, the applicants do not want to press the said application. The same is disposed of as not pressed. (D. D. SINHA, J.) ( A. A. SAYED, J.)