1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1721 OF 2007 IN WRIT PETITION NO.6527 OF 2004 Shri Mahadeosing P. Thakur. ..Applicant. V/s. Smt.Anusayabai Dinkar Dhumal since deceased through her legal heir and Anr. ..Respondents. Mr.S.S.Hardikar for applicant. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 19, 2009. DATE : JANUARY 19, 2009. DATE : JANUARY 19, 2009. P.C. : P.C. : P.C. : 1. None appears when the matter is called out. Dismissed for non-prosecution. 2. Later on Mr.Hardikar, advocate for applicant appeared and mentioned the matter for restoration of the application as he was held up in some other court. For the reasons mentioned across the bar, request for recalling the order passed in morning session is accepted. Accordingly, civil application is restored to the file to its original number and heard immediately. 2 3. The explanation offered in the Application, in my opinion, is unacceptable. However, as the litigant should not suffer for the mistake of the advocate, Application is allowed in terms of prayer clause 6(a), on condition that the advocate on record for the Petitioner shall pay cost quantified at Rs.1,000/- to the High Court Legal Services Committee within one week from today. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)