1 Wp no.730/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.730 of 2010 Subhash Ramchandra padale & ors. ... Petitioners versus Kisan Narayan Padale & ors. ... Respondents ... Mr. R.D.Soni i/b Ram & Co. for the petitioner. Mr.G.S.Godbole i/b Nitin Mulye for the respondents CORAM : D.G. KARNIK, J. DATED : 19th July 2010 P.C. 1. Rule. By consent, Rule is made returnable forthwith. Mr. Godbole waives service for the respondent. 2. By this petition, petitioners challenge the order dated 11 August 2009 passed by the learned District Judge rejecting the application of the petitioners for condonation of delay. Before the District Judge, it was contended that advocate had not informed the petitioners about the decision of the suit and consequently, the petitioners were not aware of the decision and hence there was a delay. The learned District Judge did not accept this contention on the ground that affidavit of the advocate was not filed. Taking into consideration the fact that the delay 2 Wp no.730/10 is not gross and also taking into consideration the fact that appellants could have derived any benefits from not filing the appeal in time, liberal approach could have been adopted by the lower appellate court. The delay is of about 9 months and in the facts and circumstances of the case, the delay ought to have been condoned. Of course, the petitioners must be put to the terms and be directed to compensate the respondent for the loss caused by the delay and also the costs required to be incurred by him in defending the present petition. 3. For these reasons, the petition is allowed. The delay in filing of the appeal is condoned subject to payment of costs of Rs.25,000/- as condition precedent. Costs shall be deposited in the District Court within six weeks. In the event the costs are so deposited, the delay shall stand condoned and the appeal shall be heard on merits. However, if the costs are not deposited within six weeks, Rule shall stand discharged and order of the appellate court dismissing the application for condonation of delay shall stand confirmed and petition shall stand dismissed without further reference to the court. (D.G. KARNIK,J.)