1 WP No.331/11 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.331 of 2011 Shakuntala Pavalas Jadhav and ors. ... Petitioners versus Shamrao Bapu Magar and anr ... Respondents ... Mrs.Jayashri Akolkar for the petitioners Mr.Amit Sale for the respondents. CORAM : D.G. KARNIK, J DATED : 14th June 2011 P.C. 1. Rule returnable forthwith. Mr.Sale waives service for respondents. By consent, heard forthwith. 2. The petition is directed against the order dated 19 January 2009 passed by the District Judge­1, Islampur rejecting the application of the petitioner for condonation of delay in filing of an appeal. 3. The Supreme Court has been taking a consistent view that Court must be liberal in granting prayers for condonation of delay. The delay need not be explained on day to day basis but the court 2 WP No.331/11 may consider broadly whether the circumstances justify the delay. 4. The delay in filing of the appeal in the present case is of one month 21 days only. The delay has been explained in paragraph nos.1 and 2 of the application made before the lower appellate court. Respondents also did not seriously contest request for the delay but only prayed for costs of Rs.5,000/­. In these circumstances, in my view, the lower appellate court erred in rejecting the application for condonation of delay. The delay ought to have been condoned subject to payment of reasonable costs. Hence, the petition is allowed. Impugned order is set aside and the delay of 51 days in filing of an appeal is condoned subject to payment of costs of Rs.2,000/­ as a condition precedent. Costs shall be deposited in the District Court within six weeks. In the event, costs are not so deposited, application for condonation of delay shall stand dismissed. 5. Rule made absolute to the extent indicated above. (D.G.KARNIK, J)