1 caf.2919.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2919 OF 2010 IN CIVIL APPLICATION NO.42 OF 2010 IN FIRST APPEAL NO.1697 OF 2009 Shri Manohar Janardan Joshi, Since deceased by his heirs & L.Rs. Dr.Madhuri Lokapur & Ors. ...Applicants Versus M/s.Karnik Constructions & Ors. ...Respondents ...... Ms.Neha Palshikar Bhide for Applicants. None for Respondents. ...... CORAM:- A.M.KHANWILKAR AND A.A.SAYED, JJ. DATED:- AUGUST 12, 2010. P.C. 1. Although the explanation offered is unacceptable, considering the fact that inspite of conditional order, no steps were taken by the Advocate coupled with the fact that the present Application has been filed almost after six months from the date of conditional order, however, as the litigant should not suffer for the mistake of the Advocate, in the interest of justice, Application is allowed on condition that the Advocate on record shall personally pay cost quantified at Rs.1,000/- (Rupees One Thousand) 2 caf.2919.10.sxw payable to the High Court Legal Services Committee within two weeks from today, failing which, Application to stand dismissed for non- prosecution without further reference to the Court. 2. In addition to paying cost as aforesaid, the Applicant shall serve the unserved Respondents by substituted service by issuing publication in two local newspaper having wide circulation in Pune namely; Sakal (English Edition) and Sakal (Marathi). That be done within four weeks from today and affidavit of publication shall be filed within such time. 3. Fresh notice is issued to the unserved Respondents returnable on 21st September 2010, subject to complying with condition of payment of cost as aforesaid. 4. In addition, Applicants to serve the Respondents by Advocate’s notice either personally or by speed post/e-mail/fax and file an affidavit of service before the returnable date. (A.A.SAYED, J.) (A.M.KHANWILKAR, J.) 3 caf.2919.10.sxw