1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 5046 OF 2006 IN FIRST APPEAL ST. NO. 10262 OF 2006 The State of Maharashtra through the Collector, Osmanabad ...Applicant Orig. Respondent VERSUS Narayan s/o Digambar Kulkarni died L.Rs. 1- Laxmibai w/o Narayan Kulkarni & ors. ...Respondents Orig. claimants ..... Shri D.V.Tele, A.G.P. for the applicant Shri J.R.Patil, advocate for respondent nos. 3, 4 and 5 Respondent no.1 deleted. Civil Application dismissed against respondent no.2 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 8th December, 2009 PER COURT : 1 Rule. Rule is made returnable forthwith. By the consent of the learned counsel for the parties, taken up for final hearing. 2 Perused. Heard learned A.G.P. for the applicant and 2 learned counsel for respondent nos. 3 to 5. Civil Application dismissed against respondent no.2. Respondent no.1 is deleted. 3 The applicant has preferred the present application for condonation of delay of 57 days caused in filing the accompanying First Appeal, challenging the judgment and award dated 29.10.2005 passed by learned Joint civil Judge, Senior Division, Osmanabad in L.A.R. No. 30 of 1997. 4 Learned counsel for the respondents opposed the present application vehemently and submitted that the present application bears no substance and is devoid of any merit and same be rejected. 5 Considering the averments in the present application and after considering the rival contentions of the parties, it appears that the applicant has explained the reasons for delay caused in filing the accompanying First Appeal in para nos. 2 and 3 thereof satisfactorily. Moreover, the said delay occurred in filing the accompanying First Appeal is not deliberate, willful or intentional and, therefore, same is certainly not inordinate and is required to be condoned in the interest of justice. 6 In the result, present application is allowed in terms of 3 prayer clause ‘B’ thereof and delay of 57 days caused in filing the accompanying First Appeal stands condoned. Accompanying First Appeal be registered and numbered accordingly. 7 Rule is made absolute accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca5046.06