1 901.caw754.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 754 OF 2011 IN WRIT PETITION NO. 7901 OF 2010 Smt. Laxmibai S. Sargauja. ....Applicant. Vs. Anthony Julius Pereira & anr. ....Respondents Mr. R.A. Thorat, Sr. Counsel i/b. Ms. Pranali Kakade, Advocate for Applicant. Mr. V.E. Pareira, Advocate for Respondents. CORAM:- GIRISH GODBOLE, J DATED:- SEPTEMBER 20, 2011 P.C. 1. This is an Application for restoration of Writ Petition which was dismissed in default when none appeared for the Petitioner. Record indicates that none appeared for the Respondents also. The absence was on account of fact that the Advocate for the Applicant was arguing before another Bench of this Court. 2. Mr. Pareira opposed the Civil Application and by relying on the Affidavit In Reply points out that even earlier Petition was dismissed on 13/10/2010, that on 28/3/2011 the Decree has been executed and 2 901.caw754.11 possession has been taken over and that despite orders dated 20th April, 2011 and 27th April, 2011, the Applicant is not removing her articles which are sealed in cupboard. In the rejoinder, Mr. Thorat submitted that possession might have been lost, but considering the fact that the Advocate was held up in other court, Writ Petition may be restored. He makes a statement that whatever articles of the Applicant are lying in the suit premises will be removed on 4/10/2011. Statement is accepted. 3. Though the Decree might have been executed, that cannot be a ground for refusing to restore the dismissed Writ Petition in default, particularly when none appeared for the parties and the Advocate is held up in other court. Hence explanation given in paragraph 3 is accepted. Prayer clauses (b) and (c) of the Civil Application are redundant and unnecessarily made. Civil Application is allowed in terms of prayer clauses (a) and (d). Writ Petition is restored to file. 4. In Writ Petition, leave to amend to add and annex the relevant documents including the orders of the Trial Court. Amendment to be carried out within 2 weeks. List the Petition for admission after 3 weeks. (GIRISH GODBOLE, J)