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.658 OF 2009 IN WRIT PETITION NO.1827 OF 2009 Yashwant T. Waghmare(deceased) through his LRs. 1(a) Laxman Y.Waghmare & Ors. ..Applicants. V/s. Dashrath T. Patil. ..Respondent. Mr.S.S.Jinsiwale for Applicants. Mr.S.A.Kumbhakoni for Respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 4, 2009. DATE : APRIL 4, 2009. DATE : APRIL 4, 2009. P.C. : P.C. : P.C. : 1. For the reasons mentioned in the application, as it is a mistake of the advocate on account of which main matter went by default, in the interest of justice, as the litigant should not suffer for the mistake of the advocate, this Application is allowed on condition that the advocate on record shall personally pay costs quantified at Rs.2500/- to the High Court Legal Services Committee within one week from today. Payment of cost in time is condition precedent for showing this indulgence. 2. If steps are taken in time, restored Writ 2 Petition No.1827 of 2007 be listed for admission on 28th April, 2009. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)