: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.318 OF 2008 IN NOTICE OF MOTION NO.437 OF 2007 IN B.C.C.C.L.C.SUIT NO.3085 OF 2007 Dattatraya N. Dhumal ....Appellant V/s. Municipal Corpn.of Gr.Mumbai ....Respondent Mr.A.R. Pandey with Mr.Rajendra Prasad Ojha for the Appellant. Mrs.Geeta Joglekar for the B.M.C. CORAM : S.J. VAZIFDAR, J. DATED : 3RD APRIL, 2008. P.C. : 1. Admit and heard finally. 2. In the facts of this case, it would have been appropriate to afford the Appellant an opportunity of having the Notice of Motion heard on merits. The negligence assuming there was any was firstly on the part of the advocate and secondly in any event the litigant should not suffer because of the negligence of the advocate. 3. The impugned order is set aside. The Notice : 2 : of Motion No.2000 of 2007 shall be heard on merits. The Appeal from Order is accordingly disposed of. 4. Mr.Pandey, the learned counsel appearing on behalf of the Appellant undertakes not to apply for any further adjournment. The Appellant is also restrained from altering the structure in any manner whatsoever either internally or externally whether by way of permanent or temporary alterations. Interim order shall continue till the disposal of the Notice of Motion.