IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 12 OF 2008 IN STAMP NUMBER MAIN NO. 3190 OF 2007 SHRI. GOVIND BABONI GAONKAR AND ANR., ... Applicants Versus SHRI. SANVOLO FONDU GAONKAR AND 29 ORS., ... Respondents Mr. V. P. Thali,Advocate for the Applicants. Mr. P.A.kholkar,Advocate for Respondents nos.R-5,15d, 15e,15h, Coram:- F. M. REIS, J. Date:- 9th July, 2010 P.C: This is an application for condonation of delay of 165 days in filing the second appeal challenging the judgment and decree dated 27/02/2007 passed in Regular Civil Appeal No.102/2002 by which the judgment of the learned Civil Judge, Junior Division, Quepem, came to be confirmed. The main ground for delay is on account of the illness of applicant no.2(a). It is further submitted by the learned counsel appearing for the applicant that the applicant no.2(a) was sick and operated in June 2007 and subsequently the applicant no.2(b) also fell ill. The said contentions are vehemently opposed by the respondents herein. However, no evidence has been adduced to the effect that the said contentions of the applicants are false. In such circumstances a liberal view will have to be taken, as the appellants have not deliberately delayed to file the appeal. It is well settled that ordinarily a litigant does not stand to gain by lodging an appeal late. There is no presumption that the delay is occasioned deliberately or on account of culpable negligence or on account of malafides. The primary function of the Court is to adjudicate the dispute between the parties and advance substantial justice. Rules of limitation are not meant to destroy the rights of parties, but meant only to ensure that the parties do not resort to dilatory tactics. As such, I find that in the interests of justice the applicants have made out a sufficient cause to condone the delay in filing the second appeal, as no malafides are attributed. 2. The prejudice caused to the respondents can be compensated by payment of costs. 3. In view of the above, the delay of 165 days in filing the second appeal is condoned, subject to the applicants paying a sum of Rs.1000/- as costs to the respondents viz.R-5,15d,15e,15b,16b,16(a)(iv),16a(1) to 16a(iii),17(h),18c,18d,18i,18j,18m,20b,20c and 21, within a period of one week from today. After the costs are paid the registry shall register the second appeal. F. M. REIS, J. ap/-