1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.657 OF 2009 IN CIVIL APPLICATION NO.2454 OF 2007 IN WRIT PETITION NO.7579 OF 2005 Shri Dnyanu Sakharu Sathe & anr. ..Applicants. V/s. Shri Mahadeo Appa Teli(deceased) 1A.Pandurang M. Teli & Ors. ..Respondents. Mr.Prasad Kulkarni i/b. M/s.Pandit & Co. for applicants. Mr.U.R.Mankapure for Respondent Nos. 1(A) to 1(F). Mr.R.M.Patne, AGP for Respondent Nos. 2 and 3. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 4, 2009. DATE : APRIL 4, 2009. DATE : APRIL 4, 2009. P.C. : P.C. : P.C. : 1. Although this Application is opposed by the Respondents, for the reasons mentioned in the application, it is obvious that matter went by default on account of mistake of the advocate. It is well established position that the litigant should not suffer for the mistake of the advocate. In the circumstances, in the interest of justice, this Application is allowed on condition that the advocate on record shall personally pay costs quantified at Rs.5,000/- within one week from today to the High 2 Court Legal Services Committee. Payment of cost is condition precedent for showing this indulgence. 2. I am inclined to impose cost of Rs. 5000/- in the fact situation of the present case, as it is noticed that even in the earlier occasion, the matter went by default on account of the mistake of the advocate, as is stated in Civil Application No.2454 of 2007. 3. In the circumstances, both the Civil Applications being Civil Application No. 657 of 2009 as well as Civil Application No.2454 of 2007 are allowed on the above condition. 4. If steps are taken in time, restored Writ Petition be listed on 17th April, 2009. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)