IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7524 OF 2006 Shri Vikram Bhayanji Ruparel & Anr. ...Petitioners Versus Shri Raghunath Dhondiba Kate & Ors. ...Respondents ...... None for Petitioners. Mr.Dilip Bodke for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. AUGUST 4, 2008. AUGUST 4, 2008. AUGUST 4, 2008. P.C. P.C. P.C. 1. None appears for the Petitioners when the matter is called out. Dismissed for non-prosecution. 2. Later on, Mr.Suresh P.Saroj i/b Mr.S.V.Pitre for Petitioners mentioned the matter requesting to recall the order dismissing the Petition for default on the ground that when the matter was called out, he was busy in some other Court. : 2 : 3. For the reason mentioned, order dismissing the Petition for non-prosecution is recalled. Petition is restored to file to its original number. 4. Counsel for the Petitioners submits that the Petitioners are not interested in pursuing this Writ Petition in view of the statement made by the Respondents on affidavit that they shall not create any third party interest in the suit premises during the pendency of the proceedings. Hence, Petition is disposed of on those terms. A.M.KHANWILKAR, J.