1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2014 OF 2005 IN WRIT PETITION NO.4304 OF 1999 Kishan Shankar Lanke. ..Applicant. V/s. Kondiba B. Varal & Anr. ..Respondents. Mr.V.P.Sawant for applicant. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 23, 2009. DATE : JANUARY 23, 2009. DATE : JANUARY 23, 2009. P.C. : P.C. : P.C. : 1. The explanation offered in the application is unacceptable, as the conditional order dated 1st February, 2002 was passed by the Court after the matter was duly notified. Even so, as the litigant should not suffer for the mistake of the advocate, this Application is allowed in terms of prayer clauses (a) and (b) on condition that the advocate on record shall personally pay cost quantified at Rs.1,000/- to the High Court Legal Services Committee within one week from today, failing which, the earlier Order dated 1st February, 2002 which passed in CA No.369 of 2001 stand revived. 2. If steps are taken in time CA No.369 of 2001 be placed for orders on 2nd February, 2009. 2 (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)