1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 6511 OF 2009 IN FIRST APPEAL ST. NO. 11765 OF 2009 Abasaheb s/o MarotiLate ..Applicant VERSUS The State of Maharashtra & ors. ..Respondents ..... Shri G.C.Nawandar, advocate for the applicant Shri S.D.Kaldate, AGP for the respondents ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 8th September, 2009 PER COURT : 1 Perused. Heard learned counsel for the respective parties. 2 2 The applicant/appellant has preferred the present application for condonation of delay of 2 days in filing the accompanying First Appeal under Stamp No. 11765 of 2009 challenging the judgment and order dated 3.1.2009 rendered by the District Judge-III, Jalna, in L.A.R.No. 460 of 2002. 3 The applicant contents that after passing the said judgment and award, he applied for the certified copies thereof on 24.3.2009 and same were received by him on 30.5.2009. However, due to summer vacation the applicant could not approach his advocate for filing the appeal. The applicant has given the reasons in para nos. 2 to 5 of the application. The applicant submits that he is uneducated person and he had no knowledge to file further proceedings. Moreover, he had no sufficient funds to pay court fee and, therefore, in arranging the said funds time was consumed. The applicant further submits that by selling the cotton the applicant raised money for necessary expenses. Hence there was 2 days delay in filing the accompanying First Appeal. 4 The applicant further submits that he has good case on merits and has every hope to succeed in the First Appeal. He also submits that delay occurred in filing First Appeal is bona fide and 3 not intentional, deliberate and willful and certainly not inordinate and, therefore, prayed that same be condoned in the interest of justice. 5 Learned A.G.P. for the respondents vehemently opposed the present application and submitted that the present application bears no substance and is devoid of any merits and same be rejected. 6 Considering the rival submissions and the reasons stated in the application in para nos. 2 to 5, it appears that the delay of 2 days caused in filing the accompanying First Appeal is bona fide and does not appear to be willful, deliberate or intentional and is not inordinate and hence, same is required to be condoned in the interest of justice. Moreover, the applicant is sanguine of success in the accompanying First Appeal and, therefore, opportunity is required to be given to the applicant to prosecute the accompanying First Appeal on its own merits. 7 In the circumstances, the Civil Application is allowed in terms of prayer clause “B” thereof and 2 days delay caused in filing the accompanying First Appeal stands condoned. The accompanying First Appeal be registered and numbered 4 accordingly. Civil Application stands disposed of. (SHRIHARI P. DAVARE, J.) dbm/ca6511.09