1 FARAD CONTINUATION SHEET NO IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Civil Application No.2951 Of 2010 In Writ Petition No.5417 Of 2009 With Civil application No.2484 Of 2010 In Writ Petition No.4917 Of 2009 DISTRICT: HINGOLI. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s order Coram: A.M. Khanwilkar & S.S. Shinde, JJ. Date: 4th March 2010 ----- 1) Although the explanation offered by the applicant is unacceptable, however, in the interest of justice and more so because the litigant should not suffer for the mistake of the Advocate, the application is allowed in terms of prayer clauses (C) and (D) on condition that the order dated 1st February 2010 regarding payment of cost be complied with in the course of the day failing which, the 2 earlier order shall operate. In the event steps are taken in time, writ petition to proceed on 8th April 2010. 2) Writ Petition No.4917 of 2009 was produced along with Writ Petition No.5417 of 2009 without notice to the Advocate for the petitioner. In other words, the Advocate for the petitioner in this petition was not responsible for producing the matter for pre-ponement of the date. In these circumstances we clarify that the order dated 1st February 2010 shall operate only in Writ Petition No.5417 of 2009. Accordingly, Writ Petition No.4917 of 2009 shall be treated as pending and proceeded on 8th April 2010. 3) Both the applications are disposed of. (S.S. SHINDE,J.)(A.M. KHANWILKAR, J.) rsl/ ca.2951.10