1 CA 7256.2011 in FA St. 14456.2011 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 7256 OF 2011 IN WRIT PETITION NO. 14456 OF 2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders ................................ CORAM : S.V.GANGAPURWALA, J. DATE : 25/11/2011. PER COURT : 1. This is an application for condonation of delay of 42 days in filing First Appeal. Mr. U.V.Jawalikar, the learned counsel for respondent nos. 1 to 18 opposes the application on the ground that no sufficient cause has been explained as required under Order XLI Rule 3-A of the Code of Civil Procedure. The learned counsel further contends that from the date of purchase of stamp, each and every day’s delay has to be explained. The learned counsel relies on the Judgment of this Court in the case of Spl. Land Acquisition Officer [ SIP ] and another V/s Jose Prazeres Ded Pied Ade Pinto, R/o : old market and others reported in 2006 ( 4 ) Mh.L.J. - 318. 2 CA 7256.2011 in FA St. 14456.2011 2. The delay in filing the present Appeal is of 42 days. The delay is not inordinate one. It is trite law that when technical considerations and cause for substantial justice are pitted against each other, the cause for substantial justice shall be sub-served. The First Appeal is a substantive right of the party under the statute. It has been brought on record that even the court fee stamp were purchased within the period of limitation. This shows that there was no fault of the party. It is explained that the clerk of the Advocate did not file the Appeal though the court fee stamp were purchased. In such circumstances, negligence can not be attributed to the party. The dispute pertains to immovable property i.e. residential premises. Opportunity deserves to be given to the applicant to prosecute the statutory Appeal. 3. Taking into account all the above facts, the present application is allowed. The delay is condoned. The Civil Application is disposed of. [ S.V. GANGAPURWALA,J. ] KNP/CA 7256.2011 in FA St. 14456.2011