1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5480 OF 2009 Shivajirao Ramchandra Bhosale .. Petitioner Vs Shivajirao Nageshrao Chavan and ors. .. Respondents Mr.S.S.Kanetkar, Advocate for the petitioner. Mr. Niranjan P Shimpi, for the Respondents. CORAM : D.B.BHOSALE, J. DATE : 25/08/2009 PC: 1. Heard learned counsel for the parties. Rule. By consent, rule made returnable forthwith. Learned counsel appearing for the respondents waives service. By consent, petition is taken up for hearing and final disposal at the admission stage itself. 2. This petition is directed against the order dated 12.6.2009 passed by the District Judge-13, Pune. By the impugned order, Misc. Civil Application No.282 of 2009 filed by the petitioner seeking condonation of delay in preferring an appeal against the exparte Judgment and decree dated 8.12.2008, has been T 2 rejected. Though the learned Judge, in the order, has observed that there was a delay of 102 days in filing the appeal, in fact, the delay was of 78 days only. I have perused the application. It is true that the cause shown by the petitioner for condoning the delay was not good enough to satisfy. However, looking to the nature of decree passed against the petitioner and considering that the delay in filing the appeal was of hardly 78 days and looking to the age of the petitioner, in my opinion, the delay in preferring the appeal for setting aside the exparte judgment and decree dated 8.12.2008, deserves to be condoned on payment of costs to be paid to the respondents. In the circumstances, the rule is made absolute. The order dated 12.6.2009 passed on the Misc. Civil Application seeking condonation of delay, is set aside. The delay in filing the appeal stands condoned, subject to payment of costs of Rs.3000/- to the respondents within a period of two weeks from today. If the petitioner pays the costs, as aforestated, the appeal filed by the petitioner challenging the exparte Judgment and decree dated 8.12.2008, shall stand restored to file. The appellate court shall decide the appeal expeditiously. It is open to the petitioner to file an appropriate application before the appellate court seeking stay of the execution. If such an application is filed within a period of one 3 week from today, the court below shall pass an appropriate order on merits within a period of four weeks therefrom. Till such application is filed and heard, the Judgment and decree dated 8.12.2008 shall not be executed against the petitioner. Authenticated copies may be made available to the parties. (D. B. Bhosale, J.)