IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 368 OF 2010 IN STAMP NUMBER MAIN NO. 1459 OF 2010 JOAQUIM XAVIER FERNANDES(SINCE DEC.) THROUGH LR'S ... Applicant Versus MARIA CARMINA COUTINHO (SIN. DEC.) AND ORS., ... Respondents Mr. P. S. Lotlikar, Advocate for the Applicant. Mr.A.Wadkar, Advocate for the Respondent. Coram:- F. M. REIS, J. Date:- 9th July, 2010 P.C: Heard the learned counsel for the applicant and the respondents. 2. This is applicaiton for condonation of delay of 128 days in filing the second appeal challenging the judgment and decree dated 30th October,2009 passed by the learned District Judge-2,Panaji, in Regular Civil Appeal no.58 of 2009. It is the contention of the applicant that the relevant documents including the evidence recorded during the trial as well as the other requisite documents were required for the purpose of filing the second appeal. It is further their contention that the said records were handed over to the their counsel in November, 2009 itself, but, however, the said documents as well as the file were misplaced in the office of the learned counsel. On that account the delay occurred in filing the second appeal, as fresh copies of the relevant documents were required to be obtained. The application is supported by an affidavit of the applicant no.1. 3. The respondents have opposed the said application. 4. On perusal of the record I find that as copies of the relevant documents were required to be obtained afresh, there was a delay in filing the second appeal. The law is well settled where there is no deliberate attempt on the part of the applicant to delay the matter, the court should be liberal in granting an application for condonation of delay in filing an appeal. In the present case, considering the facts and circumstances of the case, I find that the applicants have made a sufficient cause in condoning the delay in filing the second appeal a party should not suffer on account of the lapse of the advocate who has acted bonafide. 5. The prejudice occurred tot he respondent can be compensated by paying costs. 6. As such the delay of 128 days in filing the second appeal is condoned subject to the applicant paying the respondents cost of Rs.750/- within a period of one week, as condition precedent. 7. Application stands disposed of accordingly. F. M. REIS, J. ap/-