1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CIVIL APPLICATION NO.4152 OF 2007 IN FIRST APPEAL STAMP NO.8426 OF 2007 Aasaram Khandoba Ubale & ors. ... APPLICANTS VERSUS The State of Maharashtra and others ... RESPONDENTS ----- Shri P.D. Suryawanshi, Advocate for the applicants Shri K.B. Choudhari, Additional Government Pleader for R.Nos.1 & 2 Respondent No.3 absent in spite of service. ----- CORAM : SHRIHARI P. DAVARE, J. DATED : 7th November, 2009. ORAL ORDER : 1. Perused. Heard learned counsel for the applicants. 2. The applicants have preferred the present application for condonation of delay of 10 days caused in filing the accompanying First Appeal under Stamp No.8426/2007, challenging the judgment and award dated 4.1.2007, passed by learned Adhoc District Judge-2, Parbhani in Land Acquisition Reference No.70/1998. the applicants contend that they were not aware about the judgment and award passed on 4.1.2007 and, therefore, delay of 106 days was caused in filing the accompanying First Appeal and submitted that the said delay 2 is bonafide and same is not willful, intentional and deliberate and, therefore, requested to condone the same in the interest of justice. 3. Learned Additional Government Pleader 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 present application and also considering the rival contentions of the parties, it is apparent that the applicant has explained the delay occurred in filing the accompanying First Appeal in paragraph Nos.3, 4 and 5 of the present application satisfactorily and, therefore, it appears that the said delay is bonafide and not willful, deliberate and intentional and it is certainly not inordinate and, therefore, same is required to be condoned in the interest of justice. 5. In the circumstances, present application deserves to be allowed and same is allowed in terms of prayer clause (B) thereof and 10 days delay caused in filing the accompanying First Appeal stands condoned and accompanying First Appeal be registered and numbered accordingly. [ SHRIHARI P. DAVARE, J. fmp/ca4152.07