1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO.5703 OF 2008 IN FIRST APPEAL ST. NO.13558 OF 2007 Godawari Marthwada Irrigation Development Corporation .... Applicant VERSUS The State of Maharashtra & others .... Respondents ..... Shri S.S. Thombre, advocate, for applicant. Smt. V.A. Shinde, AGP for the respondent No. 1 Respondent Nos. 2 to 5 are absent in spite of service. ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 09th December, 2009 PER COURT : 1 Rule. Rule made returnable forthwith. By consent of learned counsel for the parties taken up for final hearing. 2 Perused. Heard learned counsel for the applicant. 2 3 Leave to correct in prayer clause granted. 4 The applicant has preferred the present application for condonation of delay of 305 days caused in filing the accompanying First Appeal, challenging the judgment and award dated 27-04-2006 passed by learned Ist Adhoc Additional District Judge, Ambajogai, Dist. Beed in L.A.R. No. 18 of 2005. 5 Learned counsel for the respondent opposed the present application vehemently and submitted that the present application bears no substance and is devoid of any merit and same be rejected. 6 On perusal of the averments in the present application and after considering the rival submissions advanced by the learned counsel for the parties, it appears that the applicant has explained the reasons for delay caused in filing the accompanying First Appeal in para no. 3,4 & 5 thereof satisfactorily. Hence it appears that the delay occurred in filing the accompanying First Appeal is not deliberate, willful or intentional and, therefore, same is required to be condoned in the interest of justice. 3 7 In the result, present application is allowed in terms of prayer clause ‘’B” thereof and delay of 305 days caused in filing the accompanying First Appeal stands condoned. Accompanying First Appeal be registered and numbered and present Civil Application stands disposed of accordingly. 8 Rule made absolute in above terms. (SHRIHARI P. DAVARE, J.) SDM* CA5703.08