1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 194 OF 2009 IN FIRST APPEAL NO. 2016 OF 2008 Smt. Fatemabai @ Fatima Mohsinbhai Rasiwala ........Applicant versus Municipal Corpn of Gr. Bombay........ Respondents. Mr. Clive D' souza adv. for the Applicants Mr. Mhadik adv. for the respondents CORAM: A. P. DESHPANDE, J. DATED : 20th FEBRUARY, 2009. P.C.: 1. By the present application a prayer for setting aside the order dated 18-12-2008 which dismissed the appeal in default is made. It is stated in the application that due to inadvertance, the clerk of the counsel did not inform the advocate about the first appeal appearing on the board of the court. It is then stated that for mistake of the counsel the client should not be made to suffer. For the reasons stated in the application the same is allowed and disposed of. First appeal is restored to file. (A. P. DESHPANDE, J.) 2