1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.1936 OF 2009 IN CIVIL WRIT PETITION NO.3460 OF 2003 M/s.Tirupati Development Corporation & Ors. ...Applicants Vs. Janseva Sahakari Pvt. Ltd. ...Respondents Mr.Abhijeet Gosavi, Advocate for the Applicants Mr. Atul Singh i/b. Mr. D.R. Shah for Respondents CORAM : B.H. MARLAPALLE & SMT.ROSHAN DALVI, JJ. Dated : 25TH AUGUST, 2009 P.C. : 1.Heard Mr. Abhijit Gosavi, learned Counsel for the applicant, who had filed Writ Petition No.3460 of 2003. The said Petition came to be dismissed for want of prosecution by this Court on 18th February 2005 and by this application the applicant prays for restoration of the same Petition. 2.The application is beyond time by 4 years and 28 days as per the office note. There is no separate application filed for condonation of delay. The Respondent Bank has filed affidavit in reply and 2 opposed this application on several grounds including the ground that the application does not comply with the requirements set out in the order dated 18th February, 2005 by which Writ Petition No.3460 of 2003 came to be dismissed for non- prosecution. It has been further pointed out that on the dismissal of Writ Petition on 18th February, 2005, the Respondent Bank, by following the due procedure has sold the property mortgaged and which property belonged to the Petitioner, therefore, the Petition itself has become infructuous. We are therefore, satisfied that on both the grounds, this application must fail and the same is hereby dismissed. 3.This order will not come in the way of the Petitioner to take out appropriate proceedings as may be permissible in law. [SMT.ROSHAN DALVI, J.] [B.H. MARLAPALLE, J.]