IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.652 OF 2009 IN WRIT PETITION NO.6910 OF 2008 Shri Hambirrao Anandrao Patil (Deceased) A.Smt.Shantabai Hambirrao Patil & Ors. ...Applicants V/s. Krishna Bala Patil, (deceased through legal heirs) A.Smt.Vithabai Krishna Patil & Ors. ...Respondents ...... Mr.P.M.Arjunwadkar for Applicants. None for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. APRIL 3, 2009. APRIL 3, 2009. APRIL 3, 2009. P.C. 1. Although the explanation offered in this Application is unacceptable, however, as the litigant should not suffer for the mistake of the Advocate, Application is made absolute in terms of prayer clauses (a), (b) and (c) on condition that the Advocate on record for the Applicants shall : 2 : personally pay cost quantified at Rs.2,000/- (Rupees to the High Court Legal Services Committee within one week from today. 2. In addition, Applicants shall pay Bhatta charges within one week from today and shall cause to serve the unserved Respondents by Advocate’s notice, either personally or by speed post/ e-mail/fax, and file an affidavit of service within four weeks from today. 3. Failure to comply with any of the condition, Writ Petition shall stand dismissed for non-prosecution without further reference to the Court. 4. If steps are taken in time, Writ Petition be listed for admission on 12th June 2009. A.M.KHANWILKAR, J.