Caw309.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION NO. 309 OF 2010 IN WRIT PETITION NO. 6726 OF 2006 Zaverben Bhailal Gada & Ors. ....Applicants. Vs. Kalyan Dombivli Municipal Corp. & ors. ....Respondents. Mr. S.M. Savla i/by M/s. M.P Sagani for the Applicants. Mr. A.S. Rao for Respondent No.1. CORAM : ANOOP V. MOHTA, J. DATE : 17th March, 2010 P.C.: 1 The Applicants have taken out this Civil Application for restoration of the Writ Petition, which was dismissed on 26th August, 2009, for non- prosecution, as the learned counsel appearing for the Petitioners, unable to argue the matter on merits. The Civil Application is dated 24th September, 2009. 2 Though served, till this date, there is no reply filed by the Respondents. Even otherwise, considering the averments made and in the interest of justice, as the matter was listed for admission, I am inclined to grant this Civil Application in terms of prayer clauses (a) and (b). However, Caw309.10 2 this is subject to costs of Rs.1,000/- (Rupees one thousands only) to be paid to Respondent No.1. Respondent Nos. 2 and 3 are not appearing. 3 The learned counsel appearing for Respondent No.1 strongly oppose to grant this Civil Application. However, considering the fact that the matter is at the admission stage, I am inclined to grant one more opportunity and therefore, allowing this Civil Application. 4 The Writ Petition be listed for admission, accordingly, on 25/03/2010. (ANOOP V. MOHTA, J.)