1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 4532 OF 2006 IN FIRST APPEAL ST. NO. 9515 OF 2006 Prakash Nagorao Jamkar ..Applicant (Original Plaintiff ) VERSUS Sow.Sushilabai w/o Vithalrao Kadam & anr. ..Respondents (Original Defendants) ..... Shri P.B.Rakhunde, advocate for the applicant Respondent no.1 absent though served Application dismissed against respondent no.2 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 6th November, 2009 PER COURT : 1 Perused. Rule. Rule made returnable forthwith. Taken up for final hearing with the consent of the learned counsel for the parties. Heard respective counsel for the applicant. 2 The applicant has preferred the present application for condonation of delay of 21 days occurred in filing the 2 accompanying First Appeal, challenging the judgment and award dated 2.1.2006 rendered by learned Joint Civil Judge, Senior Division, Nanded in Special Civil Suit No. 68 of 2003. 3 The applicant submits that after passing the aforesaid judgment and order, he applied for certified copies on 12.4.2006 and received the same on 18.4.2006. However, due to poor financial condition, the applicant could not file the appeal immediately within the prescribed period of limitation and filed the same after delay of 21 days and hence preferred the present application for condonation of delay and prayed to condone the said delay. 4 Considering the averments in the application, apparently the applicant has explained the reasons for the delay in ground no. (C) of the application and it appears that delay of 21 days caused in filing the accompanying First Appeal due to poor financial condition of the applicant and paucity of funds and hence, the applicant has apparently explained the delay satisfactorily. It also appears that the said delay is not willful, deliberate or intentional and hence same is required to be condoned in the interest of justice. 3 5 Hence, the present application deserves to be allowed and accordingly same stands allowed in terms of prayer clause ‘III’ thereof and delay of 21 days caused in filing the accompanying First Appeal stands condoned. The accompanying First Appeal be registered and numbered accordingly. Rule is made absolute accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca4532.06