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.2227 OF 2007 IN WRIT PETITION NO.4763 OF 2002 Shri Raymalu @ Mallaya Ramayya Janyaram, ..Applicant. V/s. Shri Pirappa Tamanna Kudgunte. ..Respondent. Mr.S.D.Thokade for applicant. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : MARCH 3, 2009. DATE : MARCH 3, 2009. DATE : MARCH 3, 2009. P.C. : P.C. : P.C. : 1. Although explanation offered in this Application is unacceptable especially when the delay is of about 4 years and 183 days, however, as the litigant should not suffer for the mistake of the Advocate, the Application is allowed in terms of prayer clauses (b) and (c) on condition that the advocate on record shall personally pay costs quantified at Rs.3,000/- to High Court Legal Services Authority within one week from today. Payment of cost is condition precedent for allowing this Civil Application. 2. If cost is paid in time, Writ Petition be 2 proceeded as per its turn under appropriate caption. 3. Since the Respondent is already represented, fresh notice is waived. Petition to send intimation to the advocate for the Respondent in this behalf. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)