KBP 1940-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1940 OF 2009 IN WRIT PETITION NO. 1390 OF 1992 Ganpati Dharmappa Udgattil ..Applicant Vs. Bapu Govind Ambekar and ors. ..Respondents ......... Mr.Nikita Trivedi i/b. M/s.Y.K.S.Legal, for applicant. Mrs.Leena Patil h/f.Mr.P.M.Pradhan, for respondent no.2. ....... CORAM : A.S.OKA, J.. DATE : 18 th SEPTEMBER, 2009. P.C. : 1] Heard learned counsel for the applicant and learned counsel for the respondent No.2-A and 2-B. 2] The prayer is for restoration of writ petition which is dismissed for non prosecution by order dated 6 th August, 2004. The prayer is opposed by the learned counsel appearing for the contesting respondents contending that there is gross unexplained delay. 3] In view of the averments in paragraph 5 of the application, a case for restoration is made out. It is stated that the advocate for applicant was not aware that the writ petition was dismissed and he became aware only when the companion petition was placed on board. Though a case for restoration is made out, the petitioner will have to pay costs to the contesting respondent. The amount of cost is quantified at Rs.7,500/-. 4] Civil Application is allowed in terms of prayer clauses (a) and (b) subject to applicant paying costs of Rs.7,500/- to respondents no.2A and 2B KBP 1940-09.sxw 2 within a period of six weeks from today. The deposit of amount of costs in this Court will be treated as sufficient compliance. If compliance is not made, the order of dismissal of the Writ Petition shall stand. ( A.S.OKA, J. )