1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIIVL APPLICATION NO. 2758 OF 2009 IN WRIT PETITION NO. 3468 OF 1998 Smt. Usha Chandrakant Nijampurkar & ors ........ Petitioner versus Rajendar Balkrishna Salunke........Respondent. Mr. Shadab Peerzade i/b D.M. Gupte adv. for the Petitioner Mr. D.S. Sawant adv. for the Respondent. CORAM: A. P DESHPANDE, J. DATED : 13th November, 2009. P. C.: 1. For the reasons stated in the application the civil application is allowed. The order dated 5-10-2009 dismissing the petition for non prosecution is set aside. In all fairness the learned counsel for the respondent has no objection for the same. Hence petition is restored to file. (A. P. Deshpande, J.)