CAW. 612-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 612 OF 2011 IN CIVIL WRIT PETITION No. 496 OF 1994 Sheikh Imbrahim Husainmiya ...Petitioner Vs. Putalabai B. Pardeshi (since deceased, represented through LRs.) & Anr. ...Respondents *** Mr. V. S. Gokhale, for the Petitioner. Mr. Prathamesh B. Bhargude i/b Mr. A. V. Anturkar, for Respondent Nos. 1A, 1E, 1F, 1C, 1G, 1H & 2. *** CORAM: V. M. KANADE J. DATE : MARCH 15, 2011 P.C. 1. Heard the learned counsel appearing on behalf of petitioner and respondent Nos. 1A, 1E, 1F, 1C, 1G, 1H and 2. Writ petition was dismissed for want or prosecution by an order dated 18th February, 2011. The learned counsel for the petitioner submits that on the same day when the said order was passed, the counsel for the petitioner requested the Court to restore the petition, in presence of the other side, and thereafter CAW. 612-11 - 2 - the petition was restored and thereafter the matter was partly heard. However, a query was made by the learned Single Judge and since the counsel for the petitioner could not answer that query, the learned Single Judge directed the petitioner to file a civil application for restoration. The learned counsel for the respondents submits that he returned the papers to the client and therefore, he is unable to make any statement. In my view, it is not necessary to issue fresh notice to respondents, since the petitioner had mentioned before the learned Single Judge on the very same day on which the impugned order was passed and thereafter the matter was heard for some time on merits. Therefore, Civil Application is allowed and the order dated 18th February 2011 is recalled and Writ Petition No. 496 of 1994 is restored to the File. Civil Application is, accordingly, disposed of. [ V. M. KANADE J.]