1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.F.No. 463/2009 IN F.A.St.NO. 18831/2006 ( State of Maharashtra and another .vrs. Damadeo Vithudeo Futariya and others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI AND F.M. REIS, JJ. DATED : SEPTEMBER 8, 2009. Heard learned A.G.P. for applicants and Shri Ghare, learned counsel for respondents. Prayer is to condone delay of 252 days delay in filing first appeal. Administrative compliances is stated to be reason for the same. Learned counsel for the respondents is strongly opposing the prayer. He points out that in paragraph no.3 delay has not been properly explained. According to him in any case after 17.05.2006 till the filing of the present application, there is no explanation. We have perused the papers and we find that the sanction for filing of the appeal was received on 20.04.2006 and thereafter appeal was processed and then papers were received by the office of the Government Pleader on 17.05.2006. Office then has started preparing/drafting appeal and it appears that the appeal was drafted some time in September, 2006. The application for condonation of 2 delay was also drafted along with, but then date of it has been corrected by hand as 26.11.2006. Thus after preparation of the application itself there is delay of more than two months. However, as we do not find any malafides in the matter, we condone the delay, subject to payment of cost of Rs.10,000/- by the Government to the respondents by 10.11.2009. If the costs are so paid, office to register the First Appeal and place it for further consideration. Civil Application is accordingly allowed. JUDGE JUDGE Rgd.