CAW/2945/2009 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2945 OF 2009 IN WRIT PETITION NO.2024 OF 1997 Vilas Shrinivas Ghalsasi ... Petitioner V/s. Shri Anilbhau R. Kulkarni & Ors. ... Respondents Mr.B.V. Bukhari for Applicant Mr.P.D. Pise for Respondent No.1 CORAM: SMT.NISHITA MHATRE, J. DATE: JANUARY 14, 2011 P.C.: 1. The Petition was dismissed for default on 23.8.2007. The present civil application has been filed in 2009 seeking restoration of that petition. Since the reasons contained in the civil application for the delay in filing the same were not mentioned in great detail, the applicant has filed a further affidavit on 23.11.2010 pointing out the cause for the delay in filing the civil application. 2. He has stated that he was suffering from hypertension for the past 5 to 6 years. He has also mentioned that he was bed ridden because of acute urinary retention due to prolapsed piles. Certain medical certificates have also been annexed to the affidavit indicating the nature of the applicant’s illness. CAW/2945/2009 : 2 : 3. An affidavit has been filed to oppose the civil application. It has been submitted on behalf of the respondent that all the medical certificates which are produced are of the year 2009 and that the delay in filing the civil application after two years has not been properly explained despite the additional affidavit. 4. I have perused the civil application as well as the additional affidavit filed by the applicant and I am satisfied that the applicant had sufficient cause for not approaching this Court immediately for restoration of the writ petition. The details of the illness which has been mentioned indicate that the applicant was not in a position to attend for two years. 5. For the reasons stated in the civil application as well as the additional affidavit the petition is restored to file. Place the matter for final hearing on 11.2.2011 in its chronological order. 6. Civil application is disposed of accordingly.