1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6971 OF 2007 Laxman Pandurang Naiknaware .. Petitioner Versus Sukhdeo Tukaram Naiknaware .. Respondent Mr.S.N.Deshpande for petitioner Mr.Ajay Joshi for respondent CORAM : S.C.DHARMADHIKARI, J. DATE : 5th March 2008 P.C. . This petition is directed against the order in Civil Misc.Application dated 134 of 2006. The order challenge is delivered on 15th June 2007 refusing to condone the delay of 15 2 months in filing of Civil Appeal against the judgement and decree dated 21st June 2006 in Special Civil Suit No.69 of 2003 decided by Civil Judge, Senior Division, Pandharpur. 2. After the petition and annexures are perused by me, I am satisfied that the learned Judge has erred in refusing to condone the delay. He has not taken into consideration the principles that are made applicable while deciding such application. It is not as if the petitioner’s application demonstrates total negligence or callousness so also lack of bonafides. The petitioner has pointed out that not only the illness but the financial position prevented him from immediately approaching the Court. In such circumstances, the learned Judge should have after compensating the respondents, condoned the delay. 3. The order under challenge suffers from an 3 error apparent inasmuch as, the discretion has not been exercised bearing in mind the liberal principles. It is not necessary to explain each day’s delay, nor, when the illness is undisputed, is there any necessity to produce proof of the same. The order under challenge is, therefore, set aside. Application for condonation of delay is allowed, subject to payment of cost quantified at Rs.1000/- to be paid by petitioner to the respondent herein. Cost to be paid within two weeks from today. Thereafter, the appeal be taken up on merits and disposed of in accordance with law. Petition disposed of. (S.C.Dharmadhikari, J)