1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 11024 OF 2008 IN FIRST APPEAL ST. NO. 19340 OF 2008 The State of Maharashtra ...Applicant VERSUS Gundayya Mallikarjun Swami ...Respondent ----- K.G.Patil, advocate for the applicant Shri V.G.Sakolkar, advocate for sole respondent - caveator ----- CORAM : SHRIHARI P. DAVARE, J. DATED : 14th September, 2010 PER COURT : - 1 Heard learned counsel for the parties. 2 At the request of learned counsel for the applicant, leave granted to correct the number of days of delay in the present application. 3 This is an application preferred by the applicant for condonation of delay of 248 days in filing the accompanying First Appeal challenging 2 the judgment and award, dated 28.9.2007, passed by the learned II Joint Civil Judge, Senior Division, Latur, in L.A.No. 136 of 2002 (Old L.A.R. No. 1 of 1995). 4 It appear that after passing the impugned judgment and award, the applicant applied for certified copy on 2.11.2007, which was ready on 30.11.2007 and same was collected by the applicant on 1.12.2007 and same was submitted to the office of the Government Pleader on 7.4.2008 by the concerned Department. It also appears that the Law and Judiciary Department sanctioned proposal and forwarded the same to the office of the Government Pleader on 1.2.2008 and the matter was assigned for drafting to the concerned A.G.P. On 5.2.2008. The certified copy of the judgment and award and typed copy of the judgment and award were submitted on 7.4.2008 and thereafter the accompanying First Appeal came to be preferred. 5 Learned counsel for the respondent opposed the present application and submitted that the present application bears no substance and same is devoid of any merits and same deserves to be rejected. 6 After considering the rival submissions advanced by the learned counsel for the parties, 3 it appears that the applicant has 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. 7 In the result, present application is allowed in terms of prayer clause 'B' thereof and delay of 248 days caused in filing the accompanying First Appeal stands condoned and said appeal be registered and number and present application is disposed of accordingly. [SHRIHARI P. DAVARE, J.] dbm/ca11024.08