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.1050 OF 2008 IN WRIT PETITION NO.5059 OF 2003 Shri Datta Co-op.Housing Society Ltd. through Sidhugonda M. Patil & Ors. ..Applicants. V/s. Swatantrya Sainik Co-op. Housing Society Ltd. & Ors. ..Respondents. Mr.R.S.Khadapkar i/b. R.G.Ketkar for applicants. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JULY 25, 2008. DATE : JULY 25, 2008. DATE : JULY 25, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the Applicants. None appears for the Respondents. Although explanation offered in the Application does not make out any sufficient cause, however, litigant should not suffer for the mistake of the advocate, application is made absolute in terms of prayer clauses (a) and (b) on condition that the advocate on record for the Applicant shall pay costs quantified at Rs.1,000/- to the High Court Legal Services Committee within one week from today, failing which the earlier order dated 24th July, 2003 shall get revived. 2. If steps are taken in time, Writ Petition 2 shall proceed further, in which case, Respondent Nos. 5 and 8(c) shall stand deleted at the request of the Petitioners entirely at their risk and costs. That amendment be carried out within two weeks from today, failing which the Writ Petition to stand dismissed for non-prosecution without further reference to the Court. 3. In addition, the Petitioners shall remove any other office objection to make Writ Petition ready. That will have to be done within two weeks from today, as condition precedent under this order. 4. Writ Petition be placed under caption "after notice" on 22nd August, 2008. 5. Application disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)