1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (St.) NO.12698 OF 2009 IN WRIT PETITION NO.3693 OF 2009 IN FAMILY COURT PETITION NO.A-1014/2002. Smt. Janhavi Suhas Palande. ..Applicant. vs. Shri Suhas Rajaram Palande. ..Respondent. .... Mr.Mohan Pillai, i/b. Smt. Madhavi M. Pillai, for the Applicant. .... CORAM : S.J.KATHAWALLA, J. (Vacation Judge) DATE : 4th JUNE, 2009. P.C. This Civil Application is taken out by the Applicant-wife for restoration of Writ Petition No.3693 of 2009 which was dismissed for default by this Court on 4th May 2009. By the above Writ Petition, the petitioner has challenged the order passed by the Family Court, Bandra, Mumbai, closing the cross-examination of the respondent- husband. The Divorce Petition filed by the husband being No.1014/2002 is placed for hearing before the Family Court, Bandra, Mumbai, tomorrow, i.e. 5th June 2009. It is submitted that the Family Court may proceed to pass final orders in the matter on 5th June 2009, 2 which will cause grave harm and prejudice to the applicant. 2. The learned Advocate for the petitioner submits that though the Advocate for the respondent is served with a notice informing him that the Civil Application will appear before this Court today, he has refused to acknowledge the same. 3. I have perused the Civil Application dated 16th May 2009. In view of the reasons set out therein, a case for restoration of the Writ Petition is made out. The Civil Application is made absolute in terms of prayer clause (a) and the Writ Petition is restored for hearing and final disposal on merits. 4. In view of the above, Civil Application stands disposed of. [ S. J. KATHAWALLA, J. ]