1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 9784 OF 2004 IN FIRST APPEAL ST. NO. 23311 OF 2004 The State of Maharashtra ..Applicant (Orig.Resp.) VERSUS Sk. Nazir s/o Sk. Madar & ors. ..Respondents (Claimants) ..... Shri K.J.Ghute Patil, AGP for the applicant Respondent nos. 1 and 2 absent though served Application against Resp.No.3 dismissed. ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 6th November, 2009 PER COURT : 1 Perused. Heard learned A.G.P. for the applicant. 2 The applicant has preferred the present application for condonation of delay of 85 days occurred in filing the 2 accompanying First Appeal, challenging the judgment and award dated 10.10.2003 rendered by learned III Adhoc Additional District Judge, Beed, in L.A.R. No. 499 of 2001. 3 The applicant states that the last date of filing First Appeal was 3.6.2004. However, delay of 85 days occurred, as difference chart was received on 22.7.2004, certified copies were received on 8.4.2004 and typed copies of judgment and award and difference chat were received on 22.7.2004. 4 The applicant has stated the reasons for causing the delay in filing the accompanying First Appeal in para no.3 of the application. It appears that the said delay caused in filing the accompanying First Appeal is not willful, deliberate or intentional and the applicant has satisfactorily explained the said delay. 5 Hence, the present application deserves to be allowed and accordingly same stands allowed in terms of prayer clause ‘B’ thereof and delay of 85 days caused in filing the accompanying First Appeal stands condoned. The accompanying First Appeal be registered and numbered accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca9784.04 3