AGK 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 WRIT WRIT PETITION NO.8766 OF 2003 PETITION NO.8766 OF 2003 PETITION NO.8766 OF 2003 Shri Madhavsinh Jamnadas ...Petitioner Versus. Ganpat Gaikar (deceased) & Ors. ...Respondents Shri D.M.Vora for the Petitioner. Shri P.K.Mali i/by Shri R.A.Thorat for the Respondent No.1B. CORAM CORAM CORAM : A.A.SAYED, J. : A.A.SAYED, J. : A.A.SAYED, J. DATE DATE DATE : 25th April, 2008. : 25th April, 2008. : 25th April, 2008. P.C.: P.C.: P.C.: 1. Heard. Rule. Rule is made returnable forthwith and heard finally. 2. This petition challenges the order dated 16.10.2003 whereby the application of the petitioner for condonation of delay in filing appeal against the judgment and order dated 15.01.2002 in RAE Suit No.2744 of 1983 came to be rejected. 3. The learned counsel for the petitioner states that the delay is of 119 days and that a application for condonation of delay was made essentially on the ground that the petitioner was not aware that certified copy of the order was not required for filing in appeal as per the amended provisions of the Code of Civil Procedure. : 2 : 2 : 2 : The learned counsel for respondent No.1B has opposed the application on the ground that plea of ignorance of law cannot be accepted by the Court. 4. Having gone through the impugned order and the material on record in my view interest of justice will be met by condoning the delay of 119 days in filing the appeal by imposing costs. The delay is not such, so as to deny the petitioner the right of appeal. The impugned order is thus set aside and delay is condoned subject to the petitioner paying costs of Rs.7,500/- to respondent No.1B. Upon payment of costs, the appeal be numbered. 5. The Writ Petition is allowed and rule made absolute in aforesaid terms. JUDGE JUDGE JUDGE