1 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2215 OF 2010 IN WRIT PETITION NO. 2588 OF 1991 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Uday Prakash Warunjikar for the Applicant. Shri N.J. Patil, for the Respondent. ­­ CORAM : A.S.OKA, J. DATE : 24TH AUGUST, 2010 P.C.: . Not on board. Taken on board. 2. This application is filed by the Petitioner in the Writ Petition. The Writ Petition has been dismissed for non­prosecution by an order dated 26th July, 2010 as none appeared for the applicant when the petition was called out. Learned counsel appearing for the applicant has invited attention of the Court to a xerox copy of the cause list of the final hearing board of the week commencing from 26th July, 2010 which shows that the 2 name of the Advocate appearing for the Applicant was not shown therein. The learned counsel appearing for the Respondent vehemently opposed this application by pointing out that the applicant was fully aware of the date fixed and therefore, he should have been vigilant. He invited attention of the Court to the earlier order passed by this Court which shows that on more than one occasion the Writ Petition was dismissed for non­ prosecution. He pointed out that the order dated 26th July, 2010 makes a note of the fact that the writ petition was dismissed for default on four occasions. He submitted that only when the Trial Court is about to execute the decree, the present application has come. 3. The fact remains that the name of the Advocate appearing for the Applicant was not shown in the cause list. As the name was not shown, it is not possible for any Advocate to keep track of any matter especially when the cause list of this Court some times runs into more than 100 pages. Only on the ground that the name of the Advocate is not shown in the cause list, a case for restoration is made out. Accordingly, the application is allowed in terms of prayer clause (A). 3 4. The Writ Petition shall be placed first on board in the week commencing from 20th September, 2010 It is made clear that even if the appearance of the Advocate is not shown on the cause list, the writ petition will be taken up for final hearing. (A.S.OKA, J)