1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CAW Stamp NO.5438 OF 2007 IN WRIT PETITION NO.2751 OF 1990 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.Asmita Sali i/b.Khaitan & Jaykumar for the petitioner. Mr.Anilkumar Patil for respondent no.1. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 25.02.2009 : 25.02.2009 : 25.02.2009 P.C. Though opposed by the learned counsel for respondent no.1, considering the averments made and and as case is made out, the application is allowed in terms of prayers (a) and (b). Writ petition is restored to file. This is, however, subject to paying costs of Rs.2000/- to be paid within two weeks to respondent no.1-society. The learned counsel for the petitioner, on instructions, makes statement that respondent no.2 is 2 dead. There are no legal heirs as per the petitioner’s information at this stage. The petitioner is therefore not pressing the petition against respondent no.2. At petitioner’s risk, the name of respondent no.2 is permitted to be deleted. Application is accordingly allowed. (ANOOP (ANOOP (ANOOP V. MOHTA,J.) V. MOHTA,J.) V. MOHTA,J.)