1 caw-1524-2010.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1524 OF 2011 IN WRIT PETITION NO. 325 OF 2011 Shri Ramdas S. Jadhav & Another .. Applicants. V/s. The State of Maharashtra & Others .. Respondents. Mr. D.B. Patil, for Applicants. Mr. P.G. Sawant 'B' Panel, for Respondent Nos.1 to 3. CORAM : K.K.TATED, J. DATE : 29th JULY, 2011. P.C.: 1 Heard the learned counsel for the parties. 2 This Civil Application is preferred by Original Petitioner for recalling the order dated 25th April, 2011 passed by this Court (Coram: K.K. Tated, J.) by which the Writ Petition was dismissed for default. 2 caw-1524-2010.sxw 3 The Applicants state that his Advocate was not present on 25th April, 2011 because of his personal difficulties. The Applicants also given further reasons in paragraphs 2, 3 & 5 of the said Civil Application. 4 The learned AGP appearing for Respondents vehemently opposed the present Civil Application. He submits that the Applicants has failed to make out sufficient cause for recalling the order dated 25th April, 2011 by which the Petition was dismissed for default. He further submits that there is a delay in preferring the present Civil Application and the said delay is not explained by the Applicants and, therefore, there is no substance in the present Civil Application and the same is liable to be dismissed. 5 Considering the submissions made by the learned counsel for Applicants and the averments made in the Civil Application, I satisfied that Applicants have made out sufficient cause for recalling the order dated 25th April, 2011 and for condoning the delay. 6 Civil Application is allowed in terms of prayer clauses (a), (aa) & (b) which reads thus:- “(a)- Order dated 25/04/11, passed by the Hon'ble Shri Justice K.K.Tated, J. in the above Writ Petition, be recalled; 3 caw-1524-2010.sxw (aa)- If any delay occurred for taking out this Civil Application, be condoned; (b)- The above Writ Petition be restored on record and listed for admission.” 7 Civil Application is disposed of accordingly. (K.K.TATED, J.)