IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CIVIL APPLICATION NO.1617/2008 STATE ..VS.. RAJEEYALI RASULKHAN ================================================== CORAM:S.R. DONGAONKAR, J. DATE:11.9.2008 Heard Mr.Kankale, A.G.P. for appellant & counsel appearing for respondent. Counsel for respondent has opposed this application saying that though the reference court had passed order on 29.11.2005, application for certified copy was preferred on 11.1.2007 for which there is no explanation. Further it is submitted that the application for condonation of delay was prepared on 4.4.2007, but it was filed on 21.1.2008, for which also there is no explanation. Considering the circumstances of the case, enquiry as to why this delay had occurred in preferring the application for certified copy and late filing of this application is warranted. The applicant should take necessary action. As regards the condonation of delay, suffice it to say that negligence is on the part of the officers involved in the decision making of preferring an appeal. Hence the delay condoned, subject to cost of Rs.1000/- to be paid within 4 weeks. On payment of cost list the appeal filed by appellant for admission. If cost is not paid appeal shall stand dismissed without further reference to the court, in that case Law &Judiciary Department may be intimated about this order. JUDGE smp