1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 133 OF 2010 ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. N.J. Patil for the petitioner. Mr. H.V. Chande for the respondent. CORAM : D.G. KARNIK, J. DATE : 2ND JULY 2010 P.C. : 1. Rule. By consent, Rule is made returnable forthwith. Mr. Chande waives service on behalf of the respondent. 2. Taken up for hearing forthwith. 3. This petition is directed against the judgment and order dated 24 July 2009 passed by the learned Adhoc District Judge, Kolhapur rejecting the petitioner’s application for 2 condonation of delay. 4. The judgment states that the delay is of 8 days. Counsel for the petitioner submits that day to day delay has not been explained and, therefore, the appellate court has rightly rejected the application for condonation of delay in filing of the appeal. In my view, the delay is not required to be explained day to day. The application was supported by a medical certificate showing that the petitioner had fallen ill and was suffering from chest pain with fever and bronchitis since 6 March 2008. Often the cause of chest pain cannot be conclusively determined without appropriate examination of the heart. Taking into consideration the fact that the petitioner had suffered chest pain while he was in a remote place, some concession must be afforded to the petitioner in taking rest and not moving around immediately. Taking this into consideration, in my view, the delay has been explained. The approach of the learned 3 appellate court is hypertechnical. Consequently, the writ petition is allowed and the impugned order is set aside. The delay in filing of the appeal is condoned. 5. Rule is made absolute to the extent indicated above. The petitioner shall however pay costs of Rs.500/­ to the respondent. (D.G. KARNIK, J.)