1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1248 OF 2009 Ashok Bhanudas Jadhav & Anr. .. Petitioners versus Kantilal Nagnath Jadhav & Anr. .. Respondents Mr.Abhay Jadhav i/by Mr.K.R.Jagdale for the petitioners. Ms.Manjiri S. Parasnis for respondent Nos.1 and 2. CORAM : A.S.OKA, J. DATE : 5th October 2009. P.C: . Heard learned counsel appearing for the petitioners and learned counsel appearing for the respondents. The petitioners are original plaintiffs. The suit filed by the petitioners was partly decreed. An appeal was preferred by them before the District Court for challenging that part of the decree by which relief of specific performance was not granted. There was a delay of about 18 days in preferring an appeal. By the impugned order, the application for condonation of delay has been rejected. 2. The learned counsel appearing for the petitioners pointed out that the delay was only of 18 days and reasons for delay have been explained in the application for condonation of delay. It is submitted that medical certificate of 2nd petitioner was also produced. The learned counsel appearing for the 2 respondents opposed the petition by pointing out that what is pleaded in the application is the explanation for delay after expiry of period of 30 days and in fact there is no explanation for condonation of delay. 3. I have considered the submissions. It is well settled that while deciding an application under section 5 of the Limitation Act, 1963 a liberal and justice oriented approach is required to be adopted. In the present case, the delay was only of 18 days. On plain reading of the application, sufficient cause was made out for condonation of delay. The Appellate Court has taken a very hyper-technical view of the matter. 4. Hence, I pass the following order: : O R D E R : (a) The impugned order dated 19th November 2008 is quashed and set aside. (b) Civil Misc. Application No.94 of 2006 is hereby allowed subject to petitioners paying costs of Rs.2,500/- to the respondents. Amount of costs to be paid or deposited with the Appellate Court within a period of six weeks from today. (A.S.OKA,J)