1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 13010 OF 2005 IN FIRST APPEAL ST. NO. 21122 OF 2005 The State of Maharashtra ..Applicant (Orig.Resp.) VERSUS Janabai w/o Rambhau Shendge & ors. ..Respondents (Orig.Claimants) ..... Shri K.J.Ghute Patil, AGP for the applicant Application dismissed against Resp.No.1 Respondent nos. 2 and 3 absent though served. ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 6th November, 2009 PER COURT : 1 Perused. Heard learned counsel for the applicant. 2 The applicant has preferred the present application for 2 condonation of delay of 335 days occurred in filing the accompanying First Appeal, challenging the judgment and award dated 16.8.2004 rendered by learned IV Adhoc Additional District Judge, Beed in L.A.R. No. 293 of 1990. 3 The applicant has explained the reasons for delay in para nos. 2 and 3 of the present application and stated that after passing the impugned judgment and order on 16.8.2004, the applicant applied for certified copies on 17.8.2004 which were received by the applicant on 22.9.2004. The applicant thereafter submitted the proposal to the Law and Judiciary Department on 28.9.2004. The proposal was thereafter sanctioned by the Law and Judiciary Department, which was received by the Government Pleader’s office on 2.11.2004. The Government Pleader then assigned the appeal for drafting to the Assistant Government Pleader and the concerned Assistant Government Pleader then sent fax message on 4.11.2004 for difference chart and typed copies of judgment and order in Land References, which was received on 7.5.2005 and then appeal was drafted and filed. 5 Considering the averments in the present application and also considering the submissions of the learned A.G.P., it is apparent that the applicant has properly and satisfactorily 3 explained the reasons for delay in filing the accompanying First Appeal in para no.2 thereof and, therefore, it appears that the said delay is not willful, deliberate or intentional and certainly it is not inordinate. 6 In the circumstances, the present application deserves to be allowed and accordingly same stands allowed in terms of prayer clause ‘B’ thereof and delay of 335 days caused in filing the accompanying First Appeal stands condoned. The accompanying First Appeal be registered and numbered accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca13010.05