-1- mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Civil Application No. 2245 of 2008 in Writ Petition No. 8136 of 2006 1. Municipal Commissioner and another ..Applicants vs. 1. Swapnil Tempe and anr. ..Respondents Shri A.Y.Sakhare, Sr.Advocate with Shri S.H.Ujjainwala for applicants. Shri R.M.Jaykar i/b M/s Jaykars for respondents. CORAM: J.N.PATEL & CORAM: J.N.PATEL & CORAM: J.N.PATEL & S.J.KATHAWALLA JJ. S.J.KATHAWALLA JJ. S.J.KATHAWALLA JJ. 14th October, 2008 14th October, 2008 14th October, 2008 P.C. P.C. P.C. 1. Heard the learned Advocates for the parties. 2. The writ petition was dismissed for default on 12th June, 2008 since the petitioner or his Advocate failed to appear in the Court. We have perused the affidavit in support of the civil application seeking restoration. We set aside the order of dismissal dated 12th June, 2008 on the condition that the petitioner pays costs quantified at Rs.5000/-to the respondents to be shared equally -2- by the respondents within two weeks from today. Ad-interim relief granted in terms of prayer clause (b) of the petition is also restored. In case the petitioners fail to pay the costs within stipulated period the civil application to stand rejected without reference to Court and order of dismissal of the petition also to stand. 3. Civil application is disposed of. (S.J.KATHAWALLA J.) (J.N.PATEL J.) (S.J.KATHAWALLA J.) (J.N.PATEL J.) (S.J.KATHAWALLA J.) (J.N.PATEL J.)