Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL APPLICATION NO. 2345 of 2008 IN WRIT PETITION NO. 874 of 2003 Mr. Genu Sakharam Ghogare & ors. ...Applicant V/s. Mr. Bhiku Sakharam Ghogare & ors. ...Respondents Mr. Sagar Joshi i/b. Ambar Joshi for the applicant. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 23RD JANUARY, 2009 : 23RD JANUARY, 2009 : 23RD JANUARY, 2009 P.C. . The explanation offered in this application is unacceptable. It is obvious that the Advocate did not bother to make necessary arrangement to inform the Court when the matter was called out for second time even after lunch break to mention about his inability to appear on the ground that he was busy in some other Court. However, as the litigant should not suffer for the mistake of the Advocate, this application is allowed whereby order dated July 24, 2008 is recalled and set aside which was passed on Civil Application No. 175/2006, Civil Application No. 1826/2008 and Civil Application No. 1827 of 2008 respectively. Instead the said applications are restored to the file to be proceeded on its own merits. 2. This indulgence is shown on condition that Advocate 2 on record for the applicant shall pay cost quantified at Rs. 1000/- to the High Court Legal Services Committee within one week from today failing which office to proceed on the assumption that the earlier order stands revived and the present application has been dismissed for non-prosecution. If steps are taken in time, the restored Civil Applications referred to above be listed on 6th February, 2009. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]