(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 10300 of 2008 (In First Appeal Stamp No. 18509/2008) The State of Maharashtra, .. Appellant through the Collector, Osmanabad. (Original respondent) versus Jaising s/o. Ramchandra Patil, deceased per L.Rs. : 1. Smt. Shantabai w/o. Jaisingrao Patil, Age : 42 years, Occupation : Household, R/o. Akluj. 2. Vilas s/o. Jaisingrao Patil, .. C.A. dismissed as Age : 30 years, against respondent Occupation : -, no.2 R/o. Akluj. .. Respondents 3. Shivaji s/o. Jaisingrao Patil. (Original claimants) ....................... Mr. S.D. Kaldate, Assistant Government Pleader, for the applicant. Respondent no.1 served (Absent). C.A. dismissed as against no.2 vide court's order dated 14-1-2010. (2) Mr. A.L. Tikle, Advocate, for respondent no.3 (Absent). ........................ CORAM : K.U. CHANDIWAL, J. DATE : 6TH MAY 2010 COURT'S ORDER : 1. Heard learned Assistant Government Pleader appearing for the applicant. 2. There is a delay of 553 days in filing the First Appeal. The delay is certainly not properly explained, no sufficiency of grounds to entertain the same. It is not expected that the State or the appellant should account for each day's delay, however, rationality and exercise of due diligence is not to be put to shelve. The apathetic approach in prosecuting the matter has fuel to the situation. The application lacks merit. 3. Incidentally, with the assistance of the learned Assistant Government Pleader, the order under challenge of the reference court is considered. Before the learned Judge, there were two sale deeds, Exhibits 56 and 57, which were relating to sale of 54 Are land for Rs. 45,500/- and the another sale deed (3) was for 19 Are land for Rs. 17,000/-. The mean drawn of the two sale deeds is indeed in excess to the award of the learned Judge. I do not see, on this count also, any mistake of the learned reference court. 4. In the result, the Civil Application is dismissed. Consequently, registration of the First Appeal is refused. ( K.U. CHANDIWAL ) JUDGE ......................... bgp/ca10300