1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION ST. NO. 7897 OF 2011. IN WRIT PETITION NO.2675 OF 2001(D). Misal Layout Sourakshan Samiti. .Vrs. Nagpur Improvement Trust and Others. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. (Mr. R. V. Gaikwad, Advocate for the petitioner. Mr. S. K. Mishra, Advocate for respondent No.1. Mr. A. Parihar, A.G.P. for respondent No.2. Mr. C. S. Kaptan, Advocate for respondent No.3.) --00-- CORAM : B. P. DHARMADHIKARI & A. P. BHANGALE, J J. DATED : 13th September, 2011. Heard. By Misc. Civil Application Stamp No.7897 of 2011 the prayer is to recall the order dated 15.09.2009, dismissing the Writ Petition for want of prosecution and by way of Civil Application (O) No.1063 of 2011 the prayer is to condone the delay of 557 days in filing it. Mr. R. V. Gaikwad, learned Counsel for the petitioner states that as listing of Writ Petition on 15.09.2009 escaped his attention, the order dismissing the Writ Petition in default did not come to knowledge and therefore prompt steps could not be taken. He further invites attention to the statement made on affidavit particularly in paragraph 2 Nos. 4 and 5 of the application and states that as it is fault of Counsel only, the applicant/petitioner should not be made suffer for it. Learned Counsel appearing for respondent No.2, is strongly opposing the prayers. He points out that delay is huge and the delay itself shows absence of diligence in the matter. In the present case, it appears that the length of delay cannot be decisive. The listing itself had escaped attention and hence appropriate steps could not be taken within time. The Writ Petition was of year 2001 and already admitted for final hearing. In this situation, delay of 557 days is condoned and Civil Application (O) No.1063 of 2011 is accordingly allowed. For same reasons, prayers made in Misc. Civil Application St. No.7897 of 2011 are also granted and order dated 15.09.2009 is recalled. The Writ Petition No 2675 of 2001 is restored back to file. JUDGE JUDGE Deshmukh