1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.1722 OF 2009 IN FIRST APPEAL ST. NO.2439 OF 2009 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr.D. V. Tele, AGP for appellant. Mr.M.S. Patil, Advocate for respondent. ...... [ CORAM : K.U.CHANDIWAL, J. ] DATE : 19th January, 2010. PER COURT : 1. Heard. There delay of 702 days in causing to file the appeal, is sought to be condoned by the State. The order under challenge is dated 2nd December, 2006, the copy application was belatedly made and thereafter on 4th June, 2007 the proposal was sent to the office of the Government Pleader at Aurangabad. Thereafter, it was assigned to concerned Assistant Government Pleader and appeal was drafted on 21.07.2007, hence there is delay. The delay is not sufficiently 2 explained. 2. Incidentally with the assistance of the learned AGP I have gone through the order of the learned Reference Court in L.A.R. No.43/2000. The learned Reference Court has, while arriving at conclusion by making enhancement considered the orders in earlier L.A.R. The copy of the same was at Exhibit-26. I do not see any infirmity in the order under challenge. 3. The application seeking to condone the delay and consequently, the first appeal dismissed. Necessary court fees be refunded. The civil application no. 1723/2009 is dismissed. [K.U.CHANDIWAL ] JUDGE gas/ca1722.09