1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 5533 OF 2006 IN FIRST APPEAL ST. NO. 10385 OF 2006 Abdul Rahim s/o Abdul Latif ...Applicant VERSUS Syndicate Bank having its Head Office at Manipal and Branch at Nanded & anr. ...Respondents No.1 Orig.plaintiff and No.2 Orig. deft.No.1 ..... Shri Mujtaba Gulam Mustafa, advocate for the applicant ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 8th December, 2009 PER COURT : 1 Perused. Heard learned counsel for the applicant. None appears for respondent no.1 in spite of service. Civil Application dismissed against respondent no.2. 2 The applicant has preferred the present application for condonation of delay of 56 days caused in filing the 2 accompanying First Appeal, challenging the judgment and award dated 7.1.2006 passed by learned II Joint Civil Judge, Senior Division, Nanded, in Special Civil Suit No. 95 of 2003. 3 After 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 no. 5 that the applicant was not having any legal knowledge and was not aware about the limitation for filing the accompanying First Appeal and hence, the said reason for the delay appears to be 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. 4 In the result, present application is allowed in terms of prayer clause ‘B’ thereof and delay of 56 days caused in filing the accompanying First Appeal stands condoned. Accompanying First Appeal be registered and numbered accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca5533.06