1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 1975 OF 2009 IN FIRST APPEAL ST. NO. 2694 OF 2009 Sidram Laxman Somase ..Applicant VERSUS The State of Maharashtra ..Respondent ..... Shri S.A.Wakure, advocate for the applicant Shri K.B.Choudhary, AGP for the respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 8th September, 2009 PER COURT : 1 Perused. Leave to amend the prayer clause “B” in respect of days of delay. Heard learned counsel for the respective parties. 2 The applicant/appellant has preferred the present application for condonation of delay of 18 days in filing the 2 accompanying First Appeal under Stamp No. 2694 of 2009 challenging the judgment and order dated 25.8.2008 rendered by Joint Civil Judge, Senior Division, Osmanabad, in L.A.R.No. 139 of 1992. 3 The applicant contents that he is a poor agriculturist and was unable to make the arrangements for necessary court fees and necessary expenses required for filing First Appeal within the period of limitation. Hence, delay of 18 days was caused 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 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 respondent 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 3 stated in the application, it appears that the delay of 18 days caused in filing the accompanying First Appeal 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 18 days delay caused in filing the accompanying First Appeal stands condoned. The accompanying First Appeal be registered and numbered accordingly. Civil Application stands disposed of. (SHRIHARI P. DAVARE, J.) dbm/ca1975.09