C.M.Application No. 94429 of 2009 Heard learned counsel for the parties and perused the record.
Petition was dismissed vide order dated 18.5.2007 in default5. Later on application to recall the order along with application for condonation of delay was moved. Application to condone the delay was allowed vide order dated 29.3.2008.Application for restoration of the petition remained pending. As no one was present on 3.9.2009, the writ petition was dismissed.
Learned counsel for applicant states that this order appears to be not correct. Application to restore the petition remained pending till date. Today he informed that he failed to go through the list on 3.9.2009.It is his fault .
In the circumstances of the case and taking into consideration the fact that parties should not suffer for the fault of the counsel, the order dated 3.9.2009 is recalled.Sufficient ground shown to restore the writ petition. Counsel for respondent has no objection in restoring the writ petition. The petition is restored to its original number.
Since the petition is very old, with the consent of parties counsel, list on 1.2.2010 for hearing.
Order Date :- 8.1.2010 R.P/