1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.5831 OF 2009 Chandrakant Khandu Aparadh & Anr. ...Petitioners vs. Sadashiv Yashwant Shirole ...Respondent Mr.N.J.Patil for the petitioners Mr.R.P.Walvekar for the respondent CORAM :A.S.OKA,J. DATE : SEPTEMBER 29, 2009 P.C. 1 Heard the learned counsel for the parties. By the order impugned, the District Court has declined to condone the delay of 15 days in preferring an appeal. The learned District Judge held that there was no explanation for delay of 15 days. 2 The learned counsel for the petitioner submitted that the Appellate Court has taken a very hyper-technical approach and in fact the delay ought to have been condoned. The learned counsel for the respondent supported the impugned order by submitting that there was no sufficient cause for condonation of delay. 3 An appeal was sought to be preferred against the order dated 13 th March 2009. According to the averments made in the application, the Advocate for the petitioner applied for certified copy of the impugned Judgment and Order on 27 th March 2008 and the certified copies were ready on 9 th April 2008. The application for condonation of delay alongwith the appeal was filed on 16 th June 2008. 2 4 It is disclosed in the application that from 4 th May 2008 to 8 th June 2008 the District Court was closed for summer vacation and the first petitioner was sick from 6 th June 2008 to 14 th June 2008. 5 On plain reading of the averments made in the application and the deposition of the Medical Practitioner examined before the Court, this was a case where the delay ought to have been condoned. It is well settled that while considering the application for condonation of delay under section 5 of the Limitation Act,1963 a liberal and justice oriented approach is contemplated. Hence, the writ petition must succeed subject to the petitioners paying costs of Rs.2500/- to the respondent. 6 Hence, I pass the following order : i) Impugned Judgment and and Order dated 16 th April 2008 is quashed and set aside. M.C.A. no.22 of 2008 is hereby allowed. ii)The petitioners will pay costs of Rs.2500/- to the respondent within a period of eight weeks from today. iii)Writ Petition is allowed in above terms. JUDGE