1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CIVIL APPLICATION NO.12544/2009 IN F.A. ST. NO. 26905/2009 1. Perused. Heard the learned counsel for the parties. 2. The applicants/appellants have preferred present application for condonation of delay of one day in filing accompanying first appeal challenging judgment and decree dated 17.08.2009 rendered by learned Jt. Civil Judge Sr. Div. Parbhani in Spl. C. S. No.38/2004. The learned counsel for the respondent vehemently opposes the present application and submitted that there is no substance in the application, same is devoid of merit, hence it be rejected. 3. Considering the averments made in the application and after considering the rival contentions, it is seen that the applicants have explained the reasons for delay in paragraph No.3 and 4 of the present application satisfactorily. It also appears that, said delay of one day is not willful, deliberate and intentional and certainly it is not inordinate. 2 4. In the result, present application is allowed in terms of prayer clause ‘A’ thereof and one day delay caused in filing accompanying first appeal stands condoned, and accompanying first appeal be registered and numbered. 5. Present civil application stands disposed off accordingly. ( SHRIHARI P. DAVARE, J. ) ( S. B. DESHMUKH, J.) ***** Dt : 03.12.2009 aaa/12544.09 3 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders FIRST APPEAL STAMP NO.26905/2009 List said first appeal for admission on monday i.e. on 07.12.2009. ( SHRIHARI P. DAVARE, J. ) ( S. B. DESHMUKH, J.) ***** Dt : 03.12.2009 aaa/12544.09