( 1 ) FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE, BENCH AT AURANGABAD. Civil Application No. 2436 of 2009 (In First Appeal Stamp No. 17955/2000) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders .............................................................................. Mr. S.D. Kaldate, Assistant Government Pleader, for the applicant. C.A. dismissed as against respondent no.1 vide court's order dated 23-2-2010. Ms. A.N. Ansari, Advocate, for respondent no.2. .............................................................................. CORAM : K.U. CHANDIWAL, J. DATE : 4TH MAY 2010 1. Heard. 2. The appeal is indeed dismissed against respondent no.1. There is a delay of 98 days in filing the First Appeal. 3. The delay is not deliberate and sufficiently explained. The interest of the ( 2 ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders State in prosecuting the matter should not be scuttled for somebody's fault. 4. The Civil Application is allowed. Delay is condoned. ( K.U. CHANDIWAL ) JUDGE bgp/ca2436