*1* 11.wp.6148.10.sxw skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6148 OF 2010 Shri Farukh Moosa Inamdar ..Petitioner -Versus- Mahmood Abdulla Inamdar & Ors. ..Respondents .......... Mr.Rahul S. Kate for the Petitioner. Mr.Dinesh Kadam i/by M/s.J.Shekhar & Co. for Respondent Nos.1 to 5. .......... CORAM : B.R. GAVAI, J. DATE : 21ST FEBRUARY, 2011. P.C. 1 Rule. Rule made returnable forthwith. 2 Mr.Dinesh Kadam wavies service for respondent Nos.1 to 5. Since rest of the respondents are not contesting parties, the notice of rule to the said parties is waived. 3 The petitioner challenges the order dated 24th June 2010 passed by the learned Civil Judge, Senior Division, Baramati below Exh.174 in Special Civil Suit No.61 of 2008 vide which the application filed by the original petitioner/plaintiff for bringing on record the legal representatives of *2* 11.wp.6148.10.sxw the deceased defendant no.38 came to be rejected. 4 Mr.Rahul Kate, learned counsel appearing on behalf of the petitioner submits that the learned trial court has taken hyper-technical view of the matter, in rejecting the application. Mr.Dinesh Kadam appearing on behalf of the contesting respondents submit that there is an order of injunction operating in favour of the petitioner and he is enjoying the same. He, therefore, opposes the petition. 5 From the perusal of the order, it would reveal that the application is rejected only on the ground that the petitioner has not made the application within the stipulated period. 6 In that view of the matter, I find that the interest of justice would be sub-served by permitting the petitioner to make an application for condonation of delay. The petitioner is, therefore, permitted to make an application for condonation of delay in filing an application for amendment within a period of four weeks from today. On such application being made, the learned trial Court would decide the same within a period of four weeks from the date of the said order. Consequently, the impugned order dated 24th June 2010 is quashed and set aside. However, the petitioners are directed to deposit costs which are quantified to Rs.5,000/- (Rupees five *3* 11.wp.6148.10.sxw thousand only) in the trial Court within a period of four weeks from today. On such costs being deposited, the respondent nos. 1 to 5 be at liberty to withdrawn the same. 7 Rule made absolute in terms of the aforesaid terms and costs. [ B.R. GAVAI, J. ]