1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION 11715/2009. IN FIST APPEAL STAMP NO. 23571/2009. Madhav s/o Digambarrao Suryawanshi ...Petitioner versus The State of Maharashtra and others. ..Respondents. ... Shri D. B. Pawar, Advocate for applicant. Mr. K.J. Ghote Patil A.G.P. for respondent no.1. Shri S. S. Dande Advocate for respondent no.3. CORAM : S.B. Deshmukh, J. Shrihari P. Davare, J Date : 20-11-2009 ORAL ORDER (PER SHRIHARI P. DAVARE, J) :- 1. Perused. Heard learned counsel for the parties. 2. Rule. Rule made returnable forthwith. With consent of counsels of both parties, the matter is taken for final hearing. 3. The applicant has preferred present application for condonation of delay of 352 days caused in filing accompanying First appeal under stamp No. 23571/2009 challenging the judgment and order rendered by the learned Joint Civil Judge (S.D.) Latur. The learned counsel for the respondents vehemently opposed present application and 2 submitted that the present application bears no substance and same is devoid of any merit and therefore, same be rejected. 4. After considering the averment made in the present application and also after considering rival contentions of the learned counsels for the parties, it appears that, the applicant has explained the reasons for delay caused, in para no.3 of the present application satisfactorily. It also appears that, the delay caused in filing first appeal is not willful, deliberate and intentional. Hence, same is required to be condoned in the interest of justice. 5. Besides relying upon ratio and observations made in ruling reported in AIR 1987 S.C. Page 1353 Collector, Land Acquisition, Anantnag and another v. M.A. Katiji and others, and AIR 1998 S.C. 3222 N. Balakrishnan v. M. Krishnamurthy, delay caused in filing accompanying appeal deserves to be condoned. 6. In the result, present application is allowed and delay of 352 days caused in filing first appeal Stamp No. 23571/2009 stands condoned and the present application is allowed in terms of prayer clause B thereof. 7. The application stands disposed of accordingly. 8. First appeal be registered. 9. Rule is made absolute in above terms. 10. List accompanying appeal for final hearing after two weeks. 11. The learned counsel for respondent no. 3 submitted that appeal filed by respondent no. 3 bearing No. 4185/2008 has been already admitted. 12. Admit this first appeal and to be heard along with appeal no.4185/2008. (SHRIHARI P. DAVARE, J) (S.B. DESHMUKH, J) tsk/ca11715.09