1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 368 OF 2007 IN FIRST APPEAL ST. NO. 24925 OF 2006 The State of Maharashtra & anr. ...Applicants VERSUS Tukaram Bala Khole & anr. ...Respondents ..... Shri D.V.Tele, A.G.P. for the applicants Shri D.R.Jaybhar, advocate for respondent nos. 1 and 2 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 9th December, 2009 PER COURT : 1 Rule. Rule is made returnable forthwith. By the consent of the learned counsel for the parties taken up for final hearing. 2 The applicants/original respondents have preferred the present application for condonation of delay of 797 days caused in filing the accompanying First Appeal, challenging the judgment and award dated 8.4.2004 passed by learned District Judge, Beed, in L.A.R. No. 364 of 2000. 2 3 Learned counsel for the respondents opposed the present application vehemently and submitted that the present application bears no substance and is devoid of any merit and same be rejected. 4 On perusal of the averments in the present application and after considering the submissions advanced by learned counsel for the parties, it appears that the applicant has explained the reasons for delay caused in filing the accompanying First Appeal in para nos. 2 to 4 thereof satisfactorily. Hence it appears that the delay occurred in filing the accompanying First Appeal is not deliberate, willful or intentional and, therefore, same is required to be condoned in the interest of justice. 5 In the result, present application is allowed in terms of prayer clause ‘B’ thereof and delay of 797 days caused in filing the accompanying First Appeal stands condoned. Accompanying First Appeal be registered and numbered accordingly. 6 Rule is made absolute accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca368.07