1 16caw957-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 957 OF 2011 IN WRIT PETITION NO. 4653 OF 1996 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Mr. Pratap P. Bhosale i/b. Mr. Anil Desai for the applicants. Mr. Mandar Limaye i/b. Mr. S. R. Nazgolkar for the respondents. ..... CORAM : A.S.OKA, J. DATE : DECEMBER 2, 2011. P.C.: Heard the learned counsel appearing for the applicants. The applicants are the original respondents in the writ petition and the respondents are the petitioners in the writ petition. Writ Petition No.4653 of 1996 was finally decided by this Court by order dated 29 th November, 2010. The prayer in this application made by the respondents in the Writ Petition is for recalling the said Judgment and order. In this application, there are certain allegations made against the advocate earlier engaged by 2 16caw957-11 the applicants in the said writ petition. I find that there is no material to substantiate the said allegations and therefore, the contentions based in this Civil Application on the allegations made against the advocate are required to be rejected. 2. The learned counsel appearing for the applicants submitted that the applicants are tenants and a decree for eviction has been passed by the Judgment and order passed in the writ petitions. He, therefore submitted that by recalling the order in the Writ Petition, the petition may be forthwith taken up for final hearing and that he was ready to make submissions on merits. 3. Applicants are the tenants against whom this Court has passed a decree for possession. The applicants were not present when the writ petition was heard. Only on the said ground, the order passed in the Writ Petition is recalled. Accordingly application is allowed in terms of prayer clause (b). However, it is made clear that the Judgment and order dated 29 th November, 3 16caw957-11 2010 is recalled only in so far as Writ Petition No.4653 of 1996 is concerned. The Judgment and order dated 29 th November, 2010 in so far as Writ Petition No.5044 of 1996 is concerned is not disturbed. (A.S.OKA, J.)