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.2855 OF 2007 IN CIVIL APPLICATION NO.703 OF 2007 IN WRIT PETITION NO.2588 OF 1991 Ganpat Subrao Hegde ..Applicant. V/s. Mukund Bhalchandra Umbargikar. ..Respondent. Mr.Rahul More i/b. Uday Warunjikar for applicant. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : AUGUST 5, 2008. DATE : AUGUST 5, 2008. DATE : AUGUST 5, 2008. P.C. : P.C. : P.C. : 1. None appears for the Respondent though served. Even though the explanation offered in the Application is not satisfactory and cannot be considered as sufficient cause, however, as the litigant should not suffer for the mistake of the Advocate, in the interest of justice, Application is made absolute in terms of prayer clause (a) on condition that the Advocate on record for the Applicant shall personally pay cost of Rs.1,000/- to the High Court Legal Services Committee within one week from today, failing which, earlier order shall stand revived and office shall treat this application as dismissed for non-prosecution without further 2 reference to the Court. 2. If steps are taken in time, restored Civil Application No.703 of 2006 be listed on 20th August, 2008. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)