1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 12917 OF 2005 IN FIRST APPEAL ST. NO. 22107 OF 2005 The State of Maharashtra ..Applicant VERSUS Chima Limba Kute & ors. ..Respondents ..... Shri K.J.Ghute Patil, advocate for the applicant Shri Parag Barde, advocate for respondent ..... 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 parties. 2 The applicant has preferred the present application for condonation of delay of 199 days occurred in filing the 2 accompanying First Appeal, challenging the judgment and award dated 4.2.2005 rendered by learned Joint Civil Judge, Senior Division, Ahmednagar, in L.A.R. No. 171 of 1992. 3 Learned counsel for the respondents have opposed the present application vehemently and submitted that the present application bears no substance and same is devoid of any merits and same be rejected. 4 Considering the averments in the application and also considering the rival submissions, it appears that the applicant has stated the reasons for causing the delay in filing the accompanying First Appeal in para no. 2 and 3 of the application and delay caused in filing the accompanying First Appeal is not willful, deliberate or intentional and the applicant has satisfactorily explained the said delay. 5 Besides that, an opportunity is required to be given to the applicant to prosecute the accompanying First Appeal on merits and no prejudice is going to be caused to the respondents since the respondents would get opportunity to contest the same on merits if present application is allowed. 3 6 In the circumstances, the present application deserves to be allowed and accordingly same stands allowed in terms of prayer clause ‘B’ thereof and delay of 199 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/ca12917.05