1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 5899 OF 2004 IN FIRST APPEAL ST. NO. 26771 OF 2003 The State of Maharashtra through the Collector, Beed. ...Applicant Orig. Respondent VERSUS Sarjerao s/o Bapu Lashkare & ors. ...Respondents Orig. Claimants ..... Smt. V.A.Shinde, A.G.P. for the applicant Shri R.T.Nagargoje, advocate for respondent no.1 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 8th December, 2009 PER COURT : 1 Perused. Heard learned counsel for the applicant and respondent no.1. Respondent no.3 absent in spite of service. Civil Application dismissed against respondent no.2. 2 The applicant has preferred the present application for 2 condonation of delay of 198 days caused in filing the application for restoration of First Appeal by setting aside the order passed by the Additional Registrar of this court dated 18.11.2003. 3 Learned counsel for respondent no.1 Shri Nagargoje opposed the present application vehemently and submitted that the present application bears no substance and is devoid of any merit and same be rejected. 4 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 nos. 1 and 2 thereof 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. 5 In the result, present application is allowed in terms of prayer clause ‘B’ thereof and delay of 198 days caused in filing the application for restoration of First Appeal by setting aside the order passed by the Additional Registrar of this court dated 18.11.2003 stands condoned. 3 6 Civil Application is disposed. (SHRIHARI P. DAVARE, J.) dbm/ca5899.04