1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.9433 OF 2009 IN FIRST APPEAL STAMP NO.16749 OF 2009 Maharashtra Industrial Development Corporation, Latur . ... APPLICANT VERSUS Durani Ayubkhan s/o Mansurkhan & others ... RESPONDENTS ..... Shri S.S. Dande, Advocate for the applicant Shri D.R. Korde, A.G.P. for Respondent Nos.2 & 3 None for respondent No.1 (original claimant) in spite of service ..... CORAM : S.B. DESHMUKH AND SHRIHARI P. DAVARE, JJ. DATED : 1st December, 2009. ORAL ORDER (PER DAVARE, J.): 1. Perused. Heard learned counsel for the parties. 2. The applicant/ appellant has preferred the present application for condonation of delay of 109 days caused in filing the accompanying First Appeal, challenging the judgment and award passed by 3rd Adhoc District Judge, Latur in Land Acquisition Reference No.33/1999. Learned 2 A.G.P. for respondent Nos.2 and 3 opposed the present application vehemently and submitted that present application bears no substance and same is devoid of any merits and, therefore, same be rejected. 3. After considering the averments in the present application and also considering the rival contentions of the parties, it appears that the delay caused in filing the accompanying First Appeal has been explained by the applicant/ appellant in paragraph Nos.2 to 6 of the present application and it appears that the said delay has been explained satisfactorily. Moreover, it also appears that the said delay of 109 days is not willful, deliberate and intentional and, therefore, same is required to be condoned in the interest of justice. 4. In the result, present Civil Application is allowed in terms of prayer clause (A) thereof and delay of 109 days caused in filing the accompanying First Appeal under Stamp No.16749/2009 stands condoned and accompanying First Appeal be registered and numbered accordingly. (SHRIHARI P. DAVARE, J.) (S.B. DESHMUKH, J.) fmp/ca9433.09