1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 4742 OF 2009 IN FIRST APPEAL ST. NO. 7347 OF 2009 The Executive Engineer, Minor Irrigation Division, Jalgaon ..Applicant VERSUS Basraj s/o Bansi Chavan and ors. ..Respondents ... None for the applicant Shri S.D.Kaldate, AGP for respondent nos. 3 and 4 ... CORAM : SHRIHARI P.DAVARE, J. DATED : 8th September, 2009 PER COURT : 1 Perused. Heard Shri S.D.Kaldate, learned A.G.P. for respondent nos. 3 and 4. 2 2 The applicant/appellant has preferred the present application for condonation of delay of 30 days in filing the accompanying First Appeal challenging the judgment and order rendered by learned Civil Judge, Senior Division, Jalgaon, in L.A.R.No. 2263 of 2005 on 3.1.2008. 3 It is seen from the application that after passing the said judgment and order on 3.1.2008, the applicant applied for certified copies thereof on 5.1.2008, which was ready for delivery on14.11.2008, and was received by the advocate of the applicant on 3.12.2008 and thereafter the same was sent to the applicant accordingly. 4 It is further seen from the application that thereafter the applicant/appellant by letter dated 11.2.2009 sought legal opinion from the advocate from the panel at Aurangabad and received reply dated 20.2.2009 informing that already 12 First Appeals have been filed arising out of S.R.No. 11 of 1998 before this court and suggested to file First Appeal before this court accordingly. After receipt of the said reply, the applicant collected all papers and got sanctioned the amount of court fee and expenses and sent to the advocate at Aurangabad on 5.3.2009. Thereafter the advocate prepared the First Appeal and 3 same came to be filed on 1.4.2009 i.e. 30 days beyond the period of limitation. Hence, the applicant submits that the said delay of 30 days in filing the accompanying First Appeal be condoned in the interest of justice. 5 Mr. S.D.Kaldate, learned A.G.P. Opposed the present application vehemently and submitted that the present application bears no substance and is devoid of any merits and as such, the same be rejected. 6 Considering the averments made in the application and more particularly para no. 2 thereof, it is apparent that by the reasons given in the application, the delay of 30 days caused in filing the accompanying First Appeal, has been properly explained by the applicant. Moreover, the said delay is hardly of 30 days and is inordinate as well as it appears that the said delay is not willful, deliberate or intentional and hence, it is required to be condoned in the interest of justice and an opportunity is required to be given to the applicant to prosecute the accompanying First Appeal on its own merits and no prejudice would be caused to the respondent if the present application is allowed, since the respondent would get the opportunity to contest the appeal on its own merits. 4 7 In the circumstances, the Civil Application is allowed in terms of prayer clause “B” thereof and 30 days delay caused in filing the accompanying First Appeal stands condoned. The accompanying First Appeal be registered and numbered accordingly. Civil Application stands disposed of. (SHRIHARI P. DAVARE, J.) dbm/ca4742.09