1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 3373 OF 2009 IN FIRST APPEAL ST. NO. 5015 OF 2009 Chhabildas Pundalik Shirsath ..Applicant VERSUS Zilla Parishad, Dhule & anr. ..Respondents ... Shri S.N.Janakwade, advocate h.f Shri P.R.Katneshwarkar, advocate for the applicant ... CORAM : SHRIHARI P.DAVARE, J. DATED : 8th September, 2009 PER COURT : 1 Perused. Heard learned counsel for the applicant. 2 The applicant/appellant has preferred the present application for condonation of delay of 16 days in filing the 2 accompanying First Appeal challenging the judgment and order passed by learned 2nd Joint Civil Judge, Senior Division, Dhule, in Special Civil Suit No. 129 of 2004 on 6.9.2008. 3 The applicant submits that after passing the said judgment and order on 6.9.2008, the applicant applied for certified copies thereof on 17.9.2008, and same was received by the applicant on 29.11.2008. However, since the year 2001 due to termination of services of the applicant, he is unemployed and, therefore, facing financial crisis and hence, the consumed time for making the arrangements for funds to pay the advocate’s and court fee for filing accompanying First Appeal and, therefore, delay of 16 days was caused in filing the appeal beyond the period of limitation. 4 Hence, the applicant submits that delay of 16 days causing in filing the accompanying First Appeal is minor and same is not willful, deliberate and intentional and also it is not inordinate and hence, prayed that the same be condoned in the interest. Moreover, it is submitted by the learned counsel for the applicant that if the present application is allowed, no prejudice would be caused to the respondents, since they would get opportunity to contest the accompanying First Appeal on merits. 3 6 Considering the averments made in the application in para nos. 2 and 3 and also considering the submissions made by the learned counsel for the applicant, it is apparent that by the reasons given in the application, the delay of 16 days caused in filing the accompanying First Appeal, has been properly explained by the applicant. Moreover, the said delay is hardly of 16 days and is inordinate as well as it appears that the said delay is not willful, deliberate or intentional and hence, it is required to be condoned in the interest of justice and an opportunity is required to be given to the applicant to prosecute the accompanying First Appeal on its own merits and no prejudice would be caused to the respondents if the present application is allowed, since the respondents would get the opportunity to contest the appeal on its own merits. 7 In the circumstances, the Civil Application is allowed in terms of prayer clause “A” thereof and delay of 21 days caused in filing the accompanying First Appeal stands condoned. The accompanying First Appeal be registered and numbered accordingly. Civil Application stands disposed of. (SHRIHARI P. DAVARE, J.) dbm/ca3373.09