1 caw3167.09 hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPLICATION NO. 3167 OF 2009 IN WRIT PETITION NO. 6609 OF 2009 Shri. Sahebrao Bhiku Babar ... Applicant Versus Shri. Nivrutti Jijaba Babar and Ors. ... Respondents And Manjit Ashok Babar and Ors. ... Prop. Respondents Mr.J.K. Jadhav, advocate for applicant. Mr. Dilip Bodake, advocate for respondent No.1. CORAM : SMT. R.P. SONDURBALDOTA,J. DATED : OCTOBER 19, 2010 P.C. This Civil Application is taken out for restoration of the writ petition which was dismissed pursuant to order dated 5.3.2009. The petition challenges order dated 15.7.2008 passed by the District Court in Misc. Civil Application No. 57 of 2003 arising out of grant of interim order of injunction. 2. On 5.3.2009 the petition was shown on board for orders as the petitioner had not completed service of notice upon respondents. Notice sent to 2 caw3167.09 respondent No. 4 had returned back unserved with bailiff's remark "reported to be dead". The petitioner was granted four weeks time to take necessary steps to bring the heirs of respondent no. 4 on record. Admittedly the petitioner had learnt about this order on the very date. However, he failed to take any steps in the matter. Consequently the petition came to be dismissed. In the present application, the petitioner claims that after learning about the death of respondent no. 4 on 5.3.2009, he tried to find out the names of the legal heirs of respondent no. 4. The application does not specify the nature of attempts made by the petitioner. In fact he obtained copy of the revenue record on 20.08.2009 which mentions that respondent no. 4 had died on 10.10.2002 leaving behind two heirs as mentioned in the schedule. However, even thereafter no immediate steps were taken by the petitioner. Present application has been filed on 30.9.2009. There is no explanation whatsoever for the delay subsequent to 20.08.2009. Thus the petitioner has not made out any case for condonation of delay of six months and for restoration of the petition. Since writ petition arises out of the interim order passed in the suit which was filed in the year 2001, this court is not inclined to restore the writ petition. In the result, Civil Application dismissed. (SMT. R.P. SONDURBALDOTA,J.)