1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 141 OF 2010 IN WRIT PETITION NO. 6013 of 1997 Madhukar Sakharam Patkar ....Petitioner Vs. The Special Land Acquisition Officer, Thane & Ors. ....Respondents None for the petitioner. Mr. C.R. Sonawane, AGP for respondents 1, 2 & 4. CORAM:- A.M.KHANWILKAR AND R.M.SAVANT, JJ DATED:- March 23, 2010 P.C. None appears for the Applicant, when called out. The Application is dismissed for non-prosecution. 2. Later on, Mr. V.S. Kapse appears for the Applicant and mentioned the matter requesting to recall the order dismissing the Application for non- prosecution on the ground that when the matter was called out, he was busy in some other Court. 3. For the reason mentioned, order dismissing the Application for non- prosecution is recalled. Application is restored to file to its original number. 2 4. Although, the explanation offered in this Application is unacceptable, however, as the Respondents have not bothered to file reply to counter the assertions inspite of repeated opportunities given to them, coupled with the fact that the litigant should not suffer for the mistake of the Advocate which is the ground stated in the Application, Application is made absolute in terms of prayer clause (a) & (b) on condition that Advocate on record for the Applicant shall personally pay cost quantified at Rs. 2000/- to High Court Legal Services Committee on or before 25th March, 2010 failing which the earlier order shall stand revived. If steps are taken in time, Writ Petition be listed on 26th March, 2010 under caption final disposal. (R.M. SAVANT, J) (A.M.KHANWILKAR, J)