1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 855 OF 2007 IN SECOND APPEAL St. NO. 11889 OF 2007 Sayabu Bhimrao Dhotre ........Applicants versus Shivaji Maruti Waghire & ors........ Respondents. Mr. V.D. Raut adv. for the Applicants Mr. Ashok Tajane & Pallavi Dabholkar adv. for the respondents CORAM: A. P. DESHPANDE, J. DATED : 23rd JANUARY, 2009. P.C.: 1. By the present application, the applicant is seeking condonation of delay of more than ten months. The decree is for possession. The appellant is admittedly in possession of two gunthas of land over which a house is constructed. According to the applicant/appellant, he has purchased the land from some of the respondents. Both the courts have found against the present appellant. The learned counsel for the appellant submits that if and in case the delay is not condoned, the appellant will be put to suffer undue hardship and inconvenience will be caused to him. It is further submitted that the substance of the matter need to prevail over the technicalities. It is stated that his advocate did not intimate him about the dismissal of the first appeal and the 2 appellant came to know about the same only when summons in Darkast proceeding was served on him. Though the reasons set out are not very convincing for condoning the delay in the interest of justice, the delay is condoned. However respondent need to be adequately compensated. In the result, the application is allowed. Delay is condoned subject to payment of costs of Rs. 10,000/- by the appellant to the decree holders within a period of five weeks from today. Application is disposed of. 2. Ad-interim stay granted to continue till next date. Fix the appeal for admission on 16-2-2009. (A. P. DESHPANDE, J.)