1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2431 OF 2010 IN WRIT PETITION NO.2296 OF 1999 Dnyanoba Laxman Tone & Ors. .. Applicants V/s Gurudatta Shikshan & Krida Prasarak Mandal through its Chairman & Ors. .. Respondents Mr.S.S.Redekar for the applicants. Mrs.M.P.Thakur, AGP for Respondent Nos.4 to 6. CORAM: D.D.SINHA & R.G.KETKAR, JJ. DATE: 4th October, 2011. P.C.: CIVIL APPLICATION NO.2431 OF 2010: 1. This civil application is filed by the applicants, original petitioners for recalling the order dated 22.01.2010 as well as for restoration of the Writ Petition No.2296 of 1999. 2. Learned counsel for the petitioner has submitted that the petition came to be dismissed for want of prosecution vide order dated 20.06.2007, and the civil application No.1363 of 2009 which was taken out by the petitioners for restoration of the writ petition was dismissed for want of prosecution on 22.01.2010. 2 3. Heard learned counsel for the parties. For the reasons set out in the Civil Application No.2431 of 2010, same is allowed in terms of prayer clauses (a) & (b). Writ petition is restored to the file. WRIT PETITION NO.2296 OF 1999:- 1. Heard learned counsel for the parties on merits of the petition. It is submitted by the learned Additional Government Pleader that in the original petition challenge is raised by the petitioners to the order dated 23.12.1997 issued by the Respondent Nos.4 to 6 whereby the permission was granted to run the Secondary School in favour of Respondent Nos.1 to 3. 2. Considering the contentions canvassed by learned Additional Government Pleader and looking to the cause of action involved in the petition, as also due to the lapse of time, we are of the view that no purpose would be served in keeping the petition pending at this stage. Interim relief has also been refused by this Court. Under these circumstances, petition is dismissed by keeping the issues open. (R.G.KETKAR, J.) (D.D.SINHA, J.)