1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.5422 OF 2010 Smt.Sarojdevi w/o Mahesh Agarwal VERSUS Manoj s/o Gopikisanji Agrawal ......................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ......................................................................................................................................... Shri V.D.Muley, Counsel for the Petitioner. CORAM : R. K.DESHPANDE, J. DATE : 12. JULY, 2011. This writ petition challenges the order dated 4.8.2009 passed by the learned District Judge-1, Bhandara in MJC No.51 of 206. By this order the Special Civil Suit No.1 of 2005 filed by the plaintiff, which was dismissed on 27.3.2006, has been restored, subject to the plaintiff depositing the costs of Rs.1,000/-, within a period of three weeks. Shri V.D.Muley, the learned Counsel appearing for the petitioner submits that the learned District Judge-1, Bhandara, has failed to .....2/- 2 record the finding on the question as to whether the plaintiff has made out sufficient cause for restoration of the suit. He submits that on earlier three occasions, the plaintiff was consistently absent. Perusal of the order shows that the reason put forth seeking restoration of the suit was that the plaintiff was not well and therefore, he could remain present on the date the suit was dismissed. The Trial Court has exercised discretion on the consideration, which does not call for any interference. The writ petition is, therefore, dismissed. JUDGE BrWankhede ...../-