1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 4075 OF 2006 IN FIRST APPEAL ST. NO. 8546 OF 2006 The Collector, Dhule & anr. ...Applicants (orig. respondents) VERSUS Subhash Tukaram Patil ...Respondent (Orig. claimant) ..... Shri D.V.Tele, A.G.P. for the applicant Shri D.S.Raut, advocate holding for Shri J.R.Shah, advocate for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 8th December, 2009 PER COURT : 1 Rule. Rule is made returnable forthwith. By the consent of the learned respective counsel for the parties, taken up for final hearing. 2 Perused. Heard learned respective counsel for the 2 parties. 3 The applicant has preferred the present application for condonation of delay of 2486 days caused in filing the accompanying First Appeal, challenging the judgment and award dated 6.4.1999, passed by learned Civil Judge, Senior Division, Shahada, in L.A.R. No. 27 of 1998. 4 Learned counsel for the respondent opposed the present application vehemently and submitted that the present application bears no substance and is devoid of any merit and same be rejected. Alternatively, learned counsel for the respondent submitted that if present application is allowed, heavy costs be saddled on the applicant. 5 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. 3 thereof satisfactorily. Moreover, the said delay occurred in filing the accompanying First Appeal does not appear to be deliberate, willful or intentional and, therefore, same is required to be condoned in the interest of justice. 3 6 As regards the prayer made by the learned counsel for the respondent for costs, since the said delay does not appear to be deliberate, willful or intentional, the prayer for costs cannot be acceded to. 7 In the result, present application is allowed in terms of prayer clause ‘B’ thereof and delay of 2486 days caused in filing the accompanying First Appeal stands condoned. Accompanying First Appeal be registered and numbered accordingly. 8 Rule is made absolute in the above terms. (SHRIHARI P. DAVARE, J.) dbm/ca4075.06