1 cac406 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.406 OF 2011 IN CIVIL REVISION APPLICATION NO.237 OF 2009 Prakash Moreshwar Kunte ...Applicant vs. Baba Chand Darga Trust through its trustees & ors. ...Respondents Mr.S.M.Railkar i/b Mr.J.B.Apte for the applicant Mr.G.V.Mhate for the respondents CORAM : A.S.OKA,J. DATE : NOVEMBER 23, 2011 P.C.: 1 Heard the learned counsel for the applicant and the learned counsel for the respondent nos.1(a) to 1(c) who are the original plaintiffs. Civil revision application filed by the Applicant which was admitted for final hearing as well as civil application no.333 of 2011 were dismissed for want of prosecution as none appeared for the applicant. Civil application and the revision application were dismissed as the Advocate for the applicant remained absent. The application is opposed by the learned counsel for the respondent nos.1(a) to 1(c) by tendering a reply. He submits that there is no explanation for absence of the applicant on 15th June 2011. 2 The civil application and the Revision application were dismissed as the Advocate for the 2 cac406 applicant remained absent. Therefore, a case is made out for restoration. However, the applicant will have to pay costs to the respondent Nos.1(a) to 1(c). The amount of costs is quantified at Rs. 3,000/-. 3 Accordingly, civil application is allowed in terms of prayer clause (b) subject to the applicant paying costs of Rs.3000/- to the respondent nos.1(a) to 1(c) within a period of four weeks from today. It is made clear that even the interim relief granted in the revision application is restored. JUDGE