:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 1900 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.Rajesh More, Adv. for the petitioners. Ms.Gauri Godse, Adv. for respondent nos. 1 to 12. CORAM: S.C.DHARMADHIKARI, J. DATED: 25TH MARCH, 2008. P.C. P.C. P.C. : : : 1. Heard both sides. The lower Appellate Court has refused to condone the delay of 25 days in filing of an Appeal to challenge the order of the Trial Court refusing to appoint a Court Receiver. 2. The Petitioner appellants are the Original Plaintiffs. The petitioners applied for condonation of delay in filing the Appeal. :2: :2: :2: The delay was of 25 days. The learned Judge has rejected the Application for condonation of delay. 3. Upon perusal of the order of the lower Appellate Court, it appears to me that the Learned Judge has adopted a hyper technical approach. Once the Application was delayed by 25 days and the petitioners have stated that there was some delay on their part in obtaining the Certified copy and no sooner it was obtained, they had taken steps to appoint an Advocate, the Learned Judge should have condoned the delay in the peculiar facts of the case. The delay is not such as is incapable of being condoned, by compensating other side by payment of costs. 4. In such circumstances, the order of the lower Appellate Court is quashed and set aside. The delay is condoned subject to the petitioners paying costs to the contesting defendants quantified at Rs.2,000/-. The costs :3: :3: :3: to be paid within a period of 10 days from today. Upon proof being produced, the Learned Judge to take up the Appeal and dispose it off on merits. All contentions of both sides are kept open. Petition disposed off in the above terms. *******