FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 1566 OF 2011 In WP/510/2002 PUSHPABAI DEELIP MAHANKALE AND ORS VERSUS DEELIPRAO MADHUKARRAO MAHANKALE AND ORS ... Advocate for Petitioner(s) : Mr. Shinde Ram S. Mr. V.S.Tanwade advocate for R-1. APP for Respondent(s): MrD.R.Korde R-2. ... CORAM : SHRIHARI P. DAVARE, J. Dated: August 12, 2011 ... 1. Heard learned counsel for the parties. 2. This is an application preferred by the applicants - original petitioners, for restoration of the Criminal Writ Petition No.510/2002, which was dismissed in default on 25.3.2011 and also for recalling the said order. 3. After considering the contents of the application and rival submissions advanced by the parties, it appears that applicants have pleaded and proved sufficient ground for absence of the applicants and their advocate on 25.3.2011, on which criminal writ petition came to be dismissed FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders and hence, said order deserves to be recalled and said writ petition deserves to be restored to its original stage in the interest of justice. It also appears that absence of the applicants and their advocate on the said date was not wilful, deliberate and therefore, also present application is required to be allowed. 4. In the result, present application is allowed in terms of prayer clause 'B' there of and order dated 25.3.2011, dismissing the writ petition 510/2002, stands recalled and said writ petition stands restored to file at its original stage and present application stands disposed of accordingly. ( SHRIHARI P. DAVARE, J. ) aaa/- ***