1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1666 of 2008 IN WRIT PETITION NO. 5263 of 1989 Sundarbai W/o Balu Gotad .. Applicant versus Badruddin D. Mursal (Deceased) by LRs Mahiboob B. Mursal & Ors. .. Respondents ... Mr.M.L. Patil for the applicant. Mr.S.S. Patwardhan for the respondent nos.1 to 4. CORAM : A.M.KHANWILKAR, J DATED : 23rd July 2008 P.C.: 1. Although the explanation offered in this application is unacceptable, however, the litigant should not suffer for the mistake of the advocate, this application is made absolute in terms of prayer clauses (a) and (b) on condition that the advocate on 2 record at whose instance the default has been committed shall personally pay costs quantified at Rs.1,000/- to the High Court Legal Services Authority. It is once again made clear that the amount of costs shall not be recovered from the party but be paid by the advocate. Payment of costs within one week from today is condition precedent for showing this indulgence. If costs is not paid in time, application may be treated as having been dismissed for non prosecution. (A.M. KHANWILKAR, J)