SOMA DATTARAM RAUT Vs. DHAKTU BABU RAUT

JUDGEMENT

(1.) RULE. By consent heard forthwith.

(2.) BY this petition the petitioners challenge the Order dated 18th August 2004, passed by the IInd Addl. District Judge, Panaji, in Civil Miscellaneous Application No.97 of 2004, dismissing an application seeking condonation of delay of 23 days in filing first appeal against the judgment and decree dated 28th February, 2003, passed in Regular Civil Suit no.54/93/B. Ms. Naik, learned counsel appearing for the petitioner, submitted that the petitioners who were the appellants before the lower Appellate Court, had made out sufficient cause for condoning the delay and that the lower Appellate Court exercised jurisdiction illegally and contrary to the settled principles laid down by the Apex Court concerning the approach of the Court in condonation of delay applications. According to the learned counsel, the lower Appellate Court ought to have condoned the delay of 23 days in filing the appeal and by not condoning the delay serious prejudice has been caused to the petitioners. 2. Ms. Conception, learned counsel appearing for the respondents, submitted that the respondents will have no objection if the delay in filing the appeal before the lower Appellate Court is condoned, subject to the payment of costs.

(3.) ACCORDINGLY, the petition is allowed. Delay of 23 days in filing the appeal before the lower Appellate Court is condoned, subject to the payment of costs of Rs.1,500/- (rupees one thousand five hundred only) in the District Court at Panaji. The costs shall be deposited within a period of six weeks from today. After the costs are deposited, liberty to the respondents to withdraw the same.