1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 2193 OF 2008 IN SECOND APPEAL STAMP NO. 15516 OF 2007 The State of Maharashtra and others .. Applicants Versus Ambu Nahanu Naik and others .. Respondents Shri B. V. Wagh, Assistant Government Pleader for the Applicants/State Shri D. M. Shinde, Advocate h/f Shri A. G. Magare, Advocate for the Respondent No. 1 to 3, 5 to 7. The Respondent No. 4A and 4B served - absent. CORAM : N. D. DESHPANDE, J. DATE : 11TH NOVEMBER, 2009. ORAL ORDER : 1. Heard Shri Wagh, the learned Assistant Government Pleader for the applicants/State and Shri Shinde, the learned counsel for the respondents No. 1 to 3, 5 to 7. This is an application for condonation of delay under Section 5 of the Limitation Act 1963. The delay stated is of 43 days, explained for completing procedural formalities and for getting approval and 2 sanction, the delay occasioned beyond the period of limitation of 90 days. There is affidavit to that effect. Section 5 of the Limitation Act provides for extension of period of limitation, that amount to condonation of delay beyond the period of limitation prescribed in law by sufficient cause to the satisfaction of the Court, hearing the application. 2. Upon consideration of record and after hearing the submission of Shri Wagh, the learned Asstt. Government Pleader and Shri Shinde, the learned counsel for the respondents No. 1 to 3, 5 to 7, opposed the application. In my opinion, the grounds and reasons stated are convincing and the delay is properly explained. It is not the requirement of law that the delay must be proved. As such, the application for condonation of delay is allowed. The delay of 43 days is condoned. The application is accordingly disposed of. [ N. D. DESHPANDE, J.] bsb/Nov.09