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.270 OF 2009 IN WRIT PETITION NO.5431 OF 1998 Vinay Kumar Tripathi. ..Applicant. V/s. Smt.Jaswant Kaur. ..Respondent. Mr.Pravin Patel i/b. M/s.Pradip Shukla & Co. for applicant. Mr.Ajitkumar Shah i/b. M/s.Shah and Sanghavi for respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : MARCH 6, 2009. DATE : MARCH 6, 2009. DATE : MARCH 6, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. For the reasons mentioned in the application though not acceptable, but at the same time, as the litigant should not suffer for the mistake of the advocate, this application is granted in terms of prayer clauses (a) and (b) on condition that the Petitioner shall pay cost quantified at Rs. 10,000/- to the Respondent. This direction is issued in the peculiar facts of the present case. The amount be paid within one week from today, failing which the earlier order dismissing the Petition passed by the 2 Court shall stand revived. 3. If payment is made in time and acknowledgement of payment is produced in the Registry, the matter be listed in the week commencing from 16th March, 2009 under the category of Senior Citizen/expedited cases, whichever is earlier as per its turn. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)