( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 7520 OF 2010 IN FIRST APPEAL (ST) NO. 15113 OF 2010 Municipal Council, Parli (V), .. Applicant Through its Chief Officer Versus Rangnath Rambhau Bansode (Mali) and Anr. .. Respondents Shri S.P. Shah, Advocate for the applicant. Shri V.D. Salunke, Advocate for respondent No.1. Shri V.G. Shelke, A.G.P. for respondent No.2. CORAM : P.R. BORKAR,J. DATED : 09.06.2010 P.C. :- 1. This is an application for condonation of delay of 78 days in filing First Appeal challenging the order passed below Application Exh.59 in Land Acquisition Reference Darkhast No. 65 of 2008 by the Adhoc District Judge-2, Ambajogai, on 03.12.2009. 2. Heard Adv. Shri S.P. Shah for the applicant and Adv. Shri V.D. Salunke for respondent No.1. ( 2 ) 3. The appeal is directed against the order of attachment passed in Darkhast by the executing Court. This application is for condonation of delay in filing the appeal. It is stated in para 3 of the application that wrongly the order was challenged by filing Civil Application in First Appeal No. 194 of 2009, which was directed against the award passed by the Reference Court of which execution proceedings were filed. Copy of order passed in Civil Application No. 227 of 2010 in First Appeal No. 194 of 2009 is produced on record at Exh. “A”. It is stated that the challenge to the attachment order was made before wrong Forum by filing Civil Application in the First appeal. After said Civil Application is decided on 30.04.2010, this Civil Application is filed. In other words, the applicant wants to take benefit of Section 14 of the Limitation Act, for condonation of delay after 30th April, 2010. 4. The learned advocate Shri V.D. Salunke argued that absolutely there is no explanation why there was delay after 30th April, 2010, till 26.05.2010. The learned advocate Shri V.D. Salunke also relied upon observations made in para 11 of ( 3 ) the case of Anandrao s/o. Hukaruji Shamkule V/s. The Secretary and Others, 2009 (4) Mah.L.R.52. In that case the Court observed that absolutely there was no explanation for delay made in that case from 17.11.2006 to 19.03.2008, which was period of more than one and half years. 5. The learned advocate Shri Shah submitted that after decision on 30th April, 2010, hardly there was a week for closure of the Courts for summer vacation and because of that there was some delay. 6. Considering the facts and circumstances of the case, in my opinion, the delay deserves to be condoned. Hence, the application is allowed; delay condoned. However, the applicant shall pay an amount of Rs. 2000/- (Rupees Two Thousand Only) as costs of this application to the respondent No.1. The Civil Application is accordingly allowed and disposed of. The First Appeal be registered. [P.R. BORKAR,J.] snk/2010/JUN10/ca7520.10