1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 1241 OF 2010 WITH CIVIL APPLICATION ST. NO. 1657 OF 2010 IN WRIT PETITION NO. 7732 OF 2009 ----------------------------------------------------------------- Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s or directions and Registrar’s | orders orders | ----------------------------------------------------------------- CORAM : A.M. KHANWILKAR, AND S.S. SHINDE, JJ. DATE : 2ND FEBRUARY, 2010 Although there is delay of 5 days in taking out the present application, we would proceed to condone the same without issuing notice to the private respondents on the assumption that they would not seriously oppose the same. 2. Having regard to the averments in the application that it was the mistake of the Advocate and as it is well established position that the litigant should not suffer for the mistake of the 2 Advocate, we would proceed to make the application absolute in terms of prayer clause B. 3. Insofar as the Civil Application Stamp No. 1657 of 2010, for the reasons mentioned in the application, the application is made absolute in terms of prayer clause-B on condition that the petitioner shall pay Bhatta charges in the course of the day. Failing which, the Writ Petition once again to stand dismissed for non prosecution without further reference to the Court. Besides, paying Bhatta charges, the petitioner shall take steps to serve the unserved respondents for which fresh notice be issued returnable on 18-03-2010. In addition, the petitioner shall serve the unserved respondents by Advocate's notice personally or through speed post/e-mail/fax and file affidavit of service ONE WEEK before the returnable date. Failing which, the 3 petition to stand dismissed for non prosecution without reference to the Court. . Both applications are disposed off on the above terms. ( S.S. SHINDE, J. ) (A.M. KHANWILKAR,J.) sut/FEB10/ca1241.10