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 REVIEW PETITION NO.17 OF 2009 IN WRIT PETITION NO.541 OF 1992 Mohammed Yakub Munawar & Anr. ..Petitioner. V/s. Kartikeshwar Balchand Choudhari & Ors. ..Respondents. Mr.S.M.Gorwadkar for petitioner. Mr.S.D.Karavande for Respondent No.1. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 9, 2009. DATE : FEBRUARY 9, 2009. DATE : FEBRUARY 9, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. Although the order of which review is sought, records reason for dismissal of the Writ Petition, but essentially matter proceeded exparte against the Petitioners. The advocate on record for the Petitioners has offered explanation in the present applicaton as to the unavoidable circumstances in which the appearance could not be made. That is sufficient cause. Even otherwise, as the litigant should not suffer for the mistake of the advocate, the order in question deserves to be recalled. As aforesaid, I have discussed the issues relating to 2 merits in the order. However, as any observation made in this order may influence outcome of the writ petiton, I am avoiding to enter into details of the grounds made out in the present review petition to question the finding recorded by the lower Court is perverse, which grounds alone were the basis to reject the Writ Petition. 3. Accordingly, this Application is allowed. The order dated 5th February, 2009 is recalled on condition that advocate on record for the Applicants shall pay cost quantified at Rs.1,000/- to the Respondent No.1. 4. Place this restored Writ Petition on 11th February, 2009 under appropriate caption as per its turn, if necessary by issuing supplimentary board. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)