1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 14442 OF 2010 IN WRIT PETITION NO. 6354 OF 2010 ( Mangalabai d/o. Bansi Awasthi Vs. Laxman Bansi Awasthi & Ors. ) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Amit Deshpande, Advocate for petitioner. Mr. Urgunde, Advocate for R. 2 to 4. CORAM : A.A.SAYED, J. DATED : 26th November, 2010. PER COURT : 1. This Court had disposed of the above writ petition by its order dated 9.9.2010 and granted opportunity to the applicant to cause presence of the witness in the Trial Court on 27/28 of September 2010 though the evidence in the suit was closed. It, however, appears that inspite of the order of this Court, granting an opportunity to the applicant as indicated above, the applicant could not avail of that opportunity. Hence, this Civil application. 2. It is stated in the civil application that the order dated 9.9.2010 was not communicated to the applicant inasmuch as the grandmother of applicant's advocate was unwell and she eventually expired on 28.9.2010 and he could not return the file and supply the copy of the order dated 9.9.2010 to the applicant. 3. Inasmuch as it was because of the inaction of the Advocate, the 2 applicant could not cause presence of the witness in the Trial Court on 27/28 of September 2010, the applicant cannot be faulted or penalised. 4. In that view of the matter, in the interest of justice, I am inclined to grant one more opportunity to the applicant to cause presence of the witness in the Trial Court. The learned counsel for the applicant assures the Court that witness shall remain present before the learned Trial Court on 18th December 2010 at 11.30 a.m and the Trial Court may proceed with the matter or give any convenient date, if the said date is not suitable. The respondents through the counsel shall also remain present before the Court on that date. 5. The civil application is allowed in terms of prayer clause "B" and the time to cause presence of the witness of applicant shall stand extended accordingly. Civil Application is disposed of. 6. The statement of learned counsel for the petitioner is recorded that the petitioner shall co-operate in the early disposal of the suit. [ A. A. SAYED, J. ] ssc/ca14442.10