{1} ca740603.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.7406 OF 2003 IN FIRST APPEAL ST.NO.18680 OF 2002 The State of Maharashtra Applicant Versus Kasabai Tulshiram Ladhane Respondent Mr. D.R.Kale, A.G.P. For the applicant. Mr. D.R.Jaybhar, advocate for the respondent. CORAM : D.B.BHOSALE AND R.M.BORDE, JJ. DATE : 14 th February, 2011 PER COURT: 1 Heard learned Counsel for the parties. 2 By this Civil Application, the applicants have prayed for condoning more than three years delay caused in filing the appeal. 3 Learned Counsel for the Respondent, at the outset, invited our attention to the orders, passed by this Court, both dated 22.01.2007, in Civil Application No.7408/2003 in First Appeal St.No.18670 of 2002 and in Civil Application No.7416/2003 in First Appeal St.No.18665 of 2002 and submitted that the judgment and award of the Reference Court, challenged in these {2} ca740603.odt appeals and in the present appeal is one and the same. He further submits that those Civil Applications were filed for condonation of about three years’ delay caused in filing the appeals. 4 This Court, by these orders, dated 22.01.2007, rejected both the Civil Applications for the reasons recorded in paragraphs 2, 3 and 4 thereof. Having confronted with this, the learned A.G.P. could not make any distinction between the First Appeals, which were dismissed on the ground of delay and the present First Appeal. It appears that all the appeals arise from the common judgment and award dated 29.04.1999. 5 In the circumstances, for the reasons recorded in the orders dated 22.01.2007 in Civil Application No.7408/2003 in First Appeal St.No.18670 of 2002 and in Civil Application No. 7416/2003 in First Appeal St.No.18665 of 2002, this Civil Application is also rejected. 6 Since the First Appeal is not allowed to be registered, the State should be entitled to 100% court fees refund. Civil Application No.7407 of 2003 is also disposed of. R.M.BORDE D.B.BHOSALE JUDGE JUDGE adb/ca740603