(1) WP. 5121.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5121 OF 2010 Shivsingh S/o Kondiram Pardeshi .. Petitioner VERSUS Kuldeepsing S/o Sardar S. Jaising and others .. Respondents Mr. A.S. Bajaj, Advocate for the Petitioner ... CORAM : V.R. KINGAONKAR, J. DATED : 21ST JUNE, 2010 ORAL ORDER:- 1] Heard learned counsel. The Execution Petition filed by the respondents was dismissed in default vide MARJI 12 of 2007. They applied for restoration of the Execution Petition (Special Darkhast no. 42 of 1985). The learned Civil Judge Senior Division allowed the application. The restoration order is being challenged by way of this Petition. 2] It appears that the restoration was allowed for the reason that the petitioner did not oppose the application and that there were no reasons shown by the respondents for not taking appropriate steps. It appears that the dismissal in default was due to (2) WP. 5121.2010 failure of the respondents to take steps for effective service of the notice on the petitioner. Considering such reason, restoration could have been allowed. No substantial injustice is caused to the petitioner. The impugned order is of discretionary nature. Hence, the Petition is dismissed. Sd/- [V.R. KINGAONKAR, J.] arp