{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.10485 OF 2006 WITH FIRST APPEAL STAMP NO.22052 OF 2006 Amjat Khan s/o Mohammadkhan Pathan APPLICANT VERSUS P.Maheboob s/o P.Husain Khan & others RESPONDENTS ....... Mrs.Manjusha Jagtap h/f Mr.V.D.Patnoorkar, for applicant Mr.V.N.Upadhye, Advocate for respondent No.3 ....... [CORAM : A.V.POTDAR, J.] DATE : 5th September 2009 PER COURT: 1. By the present civil application, the applicant has prayed for condonation of 275 days delay caused in preferring first appeal challenging the judgment and award dated 07.11.2005 passed by the District Judge, Aurangabad in MACP No.278/2001. 2. Though the judgment impugned in the first appeal is delivered on 07.11.2005, yet application for certified copy came to be submitted on 08.08.2006 i.e. practically after a period of 9 months. There is no whisper in the application as to why certified {2} copy was applied for after a period of 9 months. In fact, no sufficient and satisfactory ground is shown in the civil application for condonation of delay caused in applying for certified copy and preferring the first appeal. In that light of the matter, there are no merits in the application and hence, the same is dismissed with no order as to costs. 3. As the application for condonation of delay is dismissed the accompanying first appeal does not survive and hence stands rejected. 4. The applicant is entitled for refund of court fees as per rules. [A.V.POTDAR, J.] drp/ca10485-06