1 WP 528......2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 528 OF 2010 WITH WRIT PETITION NO. 529 OF 2010 WITH WRIT PETITION NO. 530 OF 2010 WITH WRIT PETITION NO. 531 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATE : 15/07/2011 PER COURT : 1. Heard the learned counsel for the respective parties. 2. Mr. Tungar, the learned counsel for the respondent states that the present Writ Petitions are not tenable as the Writ Petitions are filed on 16/12/2009, whereas the Suit were dismissed in default on 12/12/2009. 3. Mrs. Tambat, the learned counsel for the petitioners states that though the Suits were dismissed in default, the petitioners had filed 2 WP 528......2010 application for restoration and even the evidence has been recorded. As such, it can not be said that the Writ Petitions do not survive. In case, the Suits are restored to their original position, the Writ Petitions can be entertained. 4. It is not disputed that on the date when the present Writ Petitions are filed, the Suits were already dismissed in default and so the Writ Petitions on the date they were filed, can not be said to be tenable. 5. In that light of the matter, the Writ Petitions are disposed of as not maintainable. In the event the Suits are restored to their original position, then the petitioners are at liberty to challenge the order impugned in the present Writ Petitions. [ S.V. GANGAPURWALA,J. ] KNP/WP 528......2010