1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 7571 OF 2008 Kamlakar Baburao Kokil ...Petitioner Versus Kailas Vasantrao Panchal and others ...Respondent ..... Mr. M.L. Dharashive h/f Mr. B.R Sontakke Patil, advocate for the petitioner Mr. M.D. Gutte, advocate for respondent Nos. 1 and 2. ..... CORAM: S. S. SHINDE, J. DATED: 23RD JULY, 2009 PER COURT:- 1 Heard Mr. Dharashive, learned counsel h/f Mr. Sontakke Patil, learned counsel for the petitioner and Mr. M.D. Gutte, learned counsel for respondent Nos.1 and 2. 2. This petition takes exception to the order dated 02.07.2008 passed by the learned District Judge-1, Osmanabad in Misc. application No. 24 of 2008. The said application was filed by the present petitioner for condonation of delay alongwith the appeal. There was delay of about 27 days in filing the appeal. The learned District Judge, Osmanabad framed necessary points for his consideration and came to the conclusion that no sufficient cause was shown to condone the delay and therefore, the 2 application for condonation of delay was rejected. 3 The petitioner has placed on record a copy of application, which was filed for condonation of delay, at Exh. “C”. On perusal of the contents of the said application, it appears that the applicant has contended that that due to some personal work, he was compelled to go to other places i.e. Pune, Bombay, Aurangabad and occasionally to Nagpur. In addition to that, it is also further stated that the applicant did not receive the requisite information about delivery of judgment and order by the lower court and therefore, he prayed for condonation of delay in filing the appeal. 4 Viewed from any angle, right of appeal is a substantive right of the parties. There is hardly 27 days delay in filing the appeal. In my considered view, the reasons given in the application for condonation of delay are sufficient reasons, keeping in mind the fact that there was only 27 days, delay in filing the appeal. Hence, the impugned order dated 2.7.2008 passed by the learned District Judge-1, Osmanabad is hereby quashed and set aside. Delay in filing appeal is condoned. Writ petition is allowed in the above terms with no order as to costs. *****