1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1002 OF 2009 IN WRIT PETITION NO. 4788 OF 2008 Anant Bhiva Mane ..Applicant/Petitioner versus Mumbai Housing and Area Development Board, Mumbai and Another ..Respondents Shri A.P. Kulkarni i/b Shri Amit Borkar for Applicant/Petitioner. Shri V.S. Gokhale, AGP for Respondent No.2 CORAM : D. D. SINHA & A. A. SAYED , JJ. DATED : JANUARY 05, 2010. P.C. 1 Heard learned Counsel for the Applicant. Civil Application No. 1002/2009 is filed by the Applicant for restoration of Writ Petition No. 4788/2008, which was dismissed for want of prosecution by order dated 24th February 2009. Learned Counsel for the Applicant submitted that when the matter was called out on 24-12-2009 Mr. Borkar, learned Counsel for the Petitioner was not well and was therefore unable to attend the Court. Learned Counsel for the Applicant therefore, prayed that in the 2 interest of justice writ petition may kindly be restored to the file. 2 Considering the contentions canvassed by the learned Counsel for the petitioner that when the writ petition came to be dismissed for want of prosecution, the notices were not issued to the otherside, considering the cause for absence of the learned Counsel for the Applicant at the time when the matter was called in the Court, we feel it appropriate to pass the following order. ORDER Civil Application is disposed of by revoking order dated 24th February, 2009, subject to payment of cost of Rs. 1000/- by the Applicant to be paid to the High Court Legal Aid Committee within one week from today. On payment of such costs, Writ Petition No. 4788/2008 to stand restored to the file of this Court. Civil Application stands allowed in above terms. (D. D. SINHA, J.) ( A. A. SAYED, J.) 3