1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 288 OF 2008 (Chirkut Sadhu Shende and others .v. Dharmaraj Shankar Thakre and others) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri S.G. Shukla, Advocate for the petitioners. Shri D.W. Bharne, Advocate for the respondent No.1. Shri V.D. Mule, Advocate for the respondent No.2. CORAM : B.R. GAVAI, J. 4TH FEBRUARY, 2008. Heard the learned Counsel appearing on behalf of the respective parties. By way of present petition, the petitioners challenge the order dated 13th November, 2007 whereby the order dated 15th November, 1994 dismissing the application No.410/1990 in default is set aside and application No.410/1990 is restored. Shri S.G. Shukla, the learned Counsel appearing on behalf of the petitioners submits that the learned District Judge has erred in allowing the application. He submits that firstly the legal representatives of the applicant cannot be permitted to be brought on record inasmuch as the application of the applicant was in the capacity of Trustee and not in the individual capacity. He submits that no sufficient cause 2 is shown for inordinate delay in moving the application for restoration. However, since by way of impugned order, only an application for restoration has been allowed and the order of dismissal has been set aside and all the issues are kept open by the learned District Judge, I am not inclined to entertain this petition under Article 226 of the Constitution of India. Hence, the writ petition is rejected. JUDGE *rrg.