1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 11478 OF 2006 IN FIRST APPEAL ST. NO. 23030 OF 2006 The State of Maharashtra through Collector, Beed & ors. ...Applicants Orig. defendants VERSUS Dagadu s/o Ramrao Poul & anr. ...Respondents Orig. plaintiffs. ..... Shri D.V.Tele, A.G.P. for the applicants C.A.dismissed against respondent no.1 Respondent no.2 absent in spite of service. Shri , advocate for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 8th December, 2009 PER COURT : 1 Perused. Heard learned A.G.P. for the applicants 2 The applicants have preferred the present application for condonation of delay of 853 days caused in filing the 2 accompanying First Appeal, challenging the judgment and award dated 12.4.2004 passed by learned Civil Judge, Senior Division, Beed in Special Civil Suit No. 46 of 2000. 3 Considering the averments in the present application and after considering the rival contentions of the parties, it appears that the applicant has explained the reasons for delay caused in filing the accompanying First Appeal in para nos. 2 and 3 thereof satisfactorily. Moreover, the said delay occurred in filing the accompanying First Appeal is not deliberate, willful or intentional and, same is certainly not inordinate and hence, same is required to be condoned in the interest of justice. 4 In the result, present application is allowed in terms of prayer clause ‘B’ thereof and delay of 853 days caused in filing the accompanying First Appeal stands condoned. Accompanying First Appeal be registered and numbered accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca11478.06