1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 5953 OF 2009 IN FIRST APPEAL ST. NO. 9708 OF 2009 Sundarabai w/o Namdeo Burkul, died, through her L.Rs. Bhaurao s/o Namdeo Burkul and ors. ...Applicants VERSUS The State of Maharashtra and ors. ...Respondents ----- Shri, A.S.Usmanpurkar, advocate for the applicants Smt. S.D.Shelke, A.G.P. for the respondents CORAM : SRIHARI P. DAVARE, J. DATED : 24 th t September, 2010 PER COURT : - 1 Heard learned counsel for the applicants and learned A.G.P. for the respondents. 2 This is an application preferred by the applicants for condonation of delay of 337 days in filing the accompanying First Appeal. 2 3 Learned A.G.P. for respondents opposed the application vehemently and submitted that present application bears no substance and same is devoid of any merits, and therefore, same be rejected. 4 After considering the rival submissions advanced by the learned counsel for the parties, it appears that the applicants have explained the delay satisfactorily. Moreover, it also appears that the said delay is not willful, deliberate or intentional and certainly it is not inordinate, and hence, same deserves to be condoned in the interest of justice. 5 In the result, present applications are allowed in terms of prayer clause 'B' thereof and delay of 337 days caused in filing the accompanying First Appeals stand condoned and said appeals be registered and numbered and present applications are disposed of accordingly. [SHRIHARI P. DAVARE, J.] dbm/ca5953.09 3