1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.13167 OF 2010 IN SAST NO.28201 OF 2010 _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 11.03.2011. 1. Heard. 2. This is an application seeking condonation of delay of 870 days in filing the Second Appeal. Mr.Mukhedkar, learned counsel for the applicant states that the applicant was unaware of the judgment passed by the lower appellate Court as his son was at the relevant time suffering from mental disorder and was admitted in Hospital. He was in critical condition. The details have been given in the application. 3. Mr.Deshmukh, learned counsel for the 2 non-applicant resists the application on the ground that no sufficient cause is stated. The applicant has not filed any documents of the period when the judgment was delivered as at that point of time, his son was never admitted. The applicant by causing delay is enjoying the possession of the property. 4. It is a trite law that when technical considerations and cause for substantial justice are pitted against each other, the cause for substantial justice shall prevail. The dispute is regarding immovable property. The trial Court had dismissed the suit of the plaintiff but the lower appellate Court had partly allowed the appeal. In light of the matter, I am inclined to consider the application and condone the delay. At the same time, the non-applicant is required to be compensated. As such I pass the following order : The application is allowed. The delay is condoned on condition that the applicant deposits costs of Rs.3,000/- (Rupees three thousand) to be paid to the non-applicant within a period of four 3 (4) weeks from today. If the cost is deposited within the period of four (4) weeks, the appeal be registered and placed for admission on 11.4.2011. 5. Interim relief granted earlier to continue till 11.4.2011. (S.V.GANGAPURWALA,J.) Dt.11.03.2011. asp/office/Ca13167.10