1 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1067 OF 2010 IN WRIT PETITION NO. 3628 OF 1996 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Abhay Patki for the Applicant. Shri V.G. Peshave for the Respondent. -- CORAM : A.S.OKA, J. DATE : 26TH APRIL, 2010 P.C.: . Heard learned counsel appearing for the Applicant and the learned counsel appearing for the Respondent. 2. This application for restoration of a writ petition is opposed by the learned counsel appearing for the Respondent by contending that there is no explanation for delay and no cause has been made out. 3. Perusal of the record shows that as the Advocate for the applicant did not appear, the writ petition was dismissed. The age of the Applicant is stated to be 85 years. As the Petition has been dismissed for non- appearance of the Advocate, the same deserves to be 2 restored. The learned counsel appearing for the Respondent opposes restoration of interim relief. In the Writ Petition, the interim relief was granted on 11th February, 1997. Therefore, interim relief will have to be restored with a modification that the possession of the Respondent will have to be protected. 4. Hence the Civil Application is disposed of by passing the following order. (a) The Writ Petition is restored by setting aside the order of dismissal. (b) Interim relief granted on 11th February, 1997 is restored subject to modification that the Petitioner is restrained from causing obstruction or disturbance to the possession of the Respondent of the suit premises together with the latrine and bathroom described in the impugned decree. Restoration of the interim relief will not affect any other pending proceedings between the parties. (A.S.OKA, J)