1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.35 OF 2009 Shri Abdul Appalal Mulla since deceased & Ors. .. Applicants. Vs. Shri Mahamad Sahebji Mulla & Ors. .. Respondents. ..... Mr. Amit Shetye i/b Amit Borkar, for the Applicant. None for the Respondents. ..... CORAM: S.C. DHARMADHIKARI,J. DATE : 26 th APRIL, 2010. P.C. 1. Heard Shri Borkar appearing on behalf of Petitioner who is the original Defendant in the suit. 2. I do not find any reason to interfere with the discretion exercised by the Trial Court in restoring the suit to its file. Suit was dismissed for want of prosecution. It was restored to file after the Trial Court found that the delay has been explained. The Court below has considered both aspects namely explanation of delay and filing of earlier suit by the Respondent-Plaintiff. On both grounds, the Court below has not found the conduct of the Respondent-Plaintiff to be blameworthy so as to deny equitable and discretionary relief. 2 3. For this reason, the Civil Revision Application fails and same is dismissed. (S. C. DHARMADHIKARI, J.)