1 ca 9869.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9869 OF 2011 IN WRIT PETITION NO. 36 OF 1992 Shivlal S/o Fulchand Shimpi Since deceased through L.Rs 1. Vatsalabai wd/o Shivlal Kapadne (Shimpi) since deceased through L.Rs. 2. Umakant S/o Shivlal Kapadne, Shimpi and others .. Applicants Versus Satyanarayan S/o Onkardas Agrawal and others .. Respondents Shri P. V. Suryawanshi, Advocate h/f Shri S. R. Barlinge, Advocate for Applicants. Shri B. R. Kedar, Advocate for the Respondents. CORAM : S. V. GANGAPURWALA, J. DATE : 02ND SEPTEMBER, 2011. PER COURT : . The learned counsel holding for Shri Bajaj states that as Mr. Kedar, the learned counsel has already appeared for the respondents, his appearance be discharged. The appearance of 2 ca 9869.11 Mr. Bajaj is discharged. 2. This is an application seeking restoration of the writ petition which is dismissed in default for non appearance of the learned counsel. 3. Mr. Kedar, the learned counsel for respondents has filed his affidavit in reply and strongly opposes the application for restoration and submits that twice the writ petition is dismissed in default and on the last occasion it was restored on the cost of Rs. 1,000/-. The learned counsel submits that the respondents are landlords and are fighting since the year 1983 and as the order of stay is operating in favour of the applicants, the applicants are not prosecuting the matter diligently. 4. The petition was dismissed for non appearance of the learned counsel for the petitioners. The reason stated is that at the relevant time when the matter was called out, the counsel was engaged in other Court. The matter involves the lease hold rights of the parties. It would be appropriate to decide the petition on merits. However, the petitioners/applicants also deserves to mulct with cost. 3 ca 9869.11 5. In the result the civil application is allowed subject to condition that the applicant pays cost of Rs. 5,000/- to the respondents. The cost is to be paid to the respondents on or before 14 th September, 2011. 6. Matter be placed for final hearing on 14 th September, 2011. [ S. V. GANGAPURWALA, J. ] bsb/Sept. 11