1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2293 OF 2005 Urban Land and Housing Pvt.Ltd. ...Petitioner. vs. 1.Smt.Asha Kumud Shah & ors. ...Respondents. --- Mr.V.G.Mujumdar, for Petitioner. --- CORAM: D.K.DESHMUKH, J. DATED: 18th JANUARY,2008. P.C.:- 1. A notice before admission was issued on 2.5.2005. By that notice the respondents were clearly informed that this Court intends to dispose of the 2 petition at the admission stage itself. The respondents are served. None appears. 2. Heard the learned Counsel appearing for petitioner. A Civil Suit was filed by the present respondent no.1 against the present petitioner and the present respondent nos. 2 and 3, being Special Civil Suit no.1214 of 1989. That suit was decided by the order dated 5.2.2002. The operative part of the decree reads as under:- “ Suit of the plaintiff is partly decreed with costs as under. Defendant No.1 shall pay Rs.57,530/- to the plaintiff with interest @ 12% p.a. From the date of filing of the suit till full realisation of the decretal amount. A charge is created on the suit property more particularly described in para 1 of the plaint. Decree be drawn up accordingly.” Thus, money decree was passed by the Court in favour of present respondent no.1 and against present 3 petitioner. Feeling aggrieved by that decree, the present petitioner filed appeal before the District Court, but there was delay in filing that appeal. The delay was about 42 days. The appeal Court by order dated 18.10.2004 has declined to condone the delay. It is that order which is challenged in this petition. 2. I have heard the learned Counsel appearing for petitioner. The petitioner is willing to deposit the decreetal amount in the appeal Court. He is also willing to pay cost. In my opinion, considering that the delay was only of 42 days and the appeal is for substantive rights of the parties, the appeal Court should have condoned the delay. In my opinion, therefore, the following order would meet the ends of justice:- The order dated 18.10.2004 passed in Miscellaneous application no.552 of 2002 is set aside. That application is granted. The delay in filing the appeal is condoned. The appeal Court is directed to hear and dispose of the appeal on merit 4 in accordance with law subject to the condition that within a period of six weeks from today, the petitioner deposits complete decreetal amount in the appeal Court and also deposit Rs.5000/- as and by way of cost of this petition in the appeal Court. The appeal Court shall permit the respondent no.1 to withdraw the amount of cost. The respondent no.1 shall also be at liberty to apply before the appeal Court for permission to withdraw the decreetal amount. In case, such an application is made the appeal Court shall decide it in accordance with law. The amount, on being deposited by the petitioner, shall be invested by the Appeal Court in fixed deposit in a nationalised bank to the credit of the appeal pending before the learned District Judge. Petition is disposed of. ---