1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1246 OF 2007 IN SECOND APPEAL ST. NO.19200 OF 2007 Ramkrishna Pralhad Mahamuni (since deceased through his LR's) Nandkumar R. Mahamuni & ors. : Applicants. versus Vishwambhar Sakharam Mahamuni : Respondent. Shri.Rahul More with Mr.Uday Warunjikar for the Applicants. Shri.R.S.Kate for the Respondent. CORAM : R.M.SAVANT, J. DATED : September 17, 2008 P.C. 1. By the above Civil Application, the Applicants pray for condonation of delay of 510 days in filing the above Appeal. The reasons for the delay are mentioned in the Civil Application. It is submitted on behalf of the Respondents that the reasons mentioned for the delay do not constitute sufficient cause for this Court to exercise its discretion in favour of the Applicants. 2 2. Considering the well-settled position in law as regards an application for condonation of delay wherein it has been held by the Apex Court that highly pedantic and technical approach should be eshewed and an approach which furthers the cause of substantial justice should be adopted. In my view, the case for condonation of delay is made out. 3. The Civil Application is accordingly allowed in terms of prayer clause (a). The Applicants to pay costs of Rs.3000/- to the Respondent within a period of four weeks from date. The payment of costs is a condition precedent. In the event, the costs are not paid within the time stipulated by this Court, benefit of this order would not ennure to the Applicants and resultantly, the Civil Application would stand dismissed. The Civil Application is accordingly disposed of. [R.M.SAVANT, J]