IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.704 OF 2008 WITH CIVIL APPLICATION NO.2180 OF 2005 IN WRIT PETITION NO.4252 OF 1994 WITH CIVIL APPLICATION NO.703 OF 2008 WITH CIVIL APPLICATION NO.2181 OF 2005 IN WRIT PETITION NO.4252 OF 1994 Shri Mahadev Sakharam Garad, Deceased, through legal heirs, 1a) Shri Bhagwat Mahadev Garad ...Applicant Versus Shri.Dagadu Bhau Jagnade, died after the decision of the suit by his heir Respondent No.2 & Ors. ...Respondents ...... Mr.Nitin Jadhav i/b Mr.Nitin Jamdar for Applicant. Mr.Pritish Buhade for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. JULY 24, 2008. JULY 24, 2008. JULY 24, 2008. P.C. P.C. P.C. 1. Although the explanation offered in the Applications is unacceptable, however, as the : 2 : litigant should not suffer for the mistake of the Advocate, both the Applications are allowed in terms of prayer clauses (a) and (b), on condition that the Advocate on record for the Applicant shall personally pay cost quantified at Rs.1,000/- (Rupees One Thousand) each to the High Court Legal Services Committee within two weeks from today. It is made clear that cost paid by the Advocate on record shall not be recovered from his client. 2. Civil Application Nos.2180/2005 and 2181/2005, which are restored in terms of the above order be listed on 14th August 2008, subject to compliance of the above order. Pleadings be exchanged between the parties in the said Applications, to be filed in the Registry on or before 11th August 2008. A.M.KHANWILKAR, J.