1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.398 OF 2009 IN CRIMINAL WRIT PETITION NO.2590 OF 2008 P. Nadarajan (deceased) through his legal heirs and Ors. ...Petitioners vs. Vimal Builders ...Respondents ----- Mr.Niranjan Mundargi for Petitioners Mrs. R.V. Newton  APP for State Mr. Manoj Mohite, Mr.Simit Purohi and Mr. Anand Shah i/b. Wadia Ghandy & Co. for Respondents ----- CORAM: V.M. KANADE J. DATED: 30TH MARCH, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Petitioners and the learned Counsel for the Respondents. 2. The Petitioners by this petition are challenging the order passed by the Sessions Court in Misc. Application no. 1009 of 2008 in Criminal Revision Application No. 339 of 2008. By the said order, the Additional Sessions Judge was pleased to reject the application filed by the Petitioners herein for 1 condonation of delay of 26 days in filing the Criminal Revision Application in the Sessions Court. 3. The learned Counsel appearing on behalf of the Petitioners has invited my attention to the said order. He submitted that the Sessions Court instead of considering the cause shown by the Petitioners for the delay in filing the Criminal Revision Application had considered the case on merits and had held that the Petitioners had no locus to intervene in the said matter and on that ground, was pleased to reject their application for condonation of delay. 4. The learned Counsel appearing on behalf of the Respondents, on the other hand, submitted that the Petitioners had no locus to intervene and file an independent revision application for challenging the impugned order. He firstly submitted that the application for intervention filed by the Petitioners before the Executive Magistrate was rejected and this order was not challenged in the Session Courts. He further submitted that preliminary notice was issued in the year 1994 and the Petitioners came into the picture in the year 2002 and, therefore, there was no question of issuing notice to the Petitioners herein. He submitted that, therefore, the petition is liable to be dismissed. 1 5. After having perused the order, in my view, the Sessions Court ought to have condoned the delay of 26 days in filing the Criminal Revision Application and heard the Criminal Revision Application on merits after hearing both the sides and, thereafter, should have passed the order. In my view, the Sessions Court had proceeded to dismiss the application for condonation of delay by examining the main issue on merits. In my view, therefore, the Sessions Court has clearly committed an error of law which is apparent on the face of record. In my view, sufficient cause has been shown by the Petitioners for delay of 26 days in filing the Criminal Revision Application after the period of limitation and, therefore, the impugned order will have to be set aside. 6. Delay caused in filing the Criminal Revision Application is, therefore, condoned. The Additional Sessions Court is directed to take Criminal Revision Application on file and to hear the same on merits and in accordance with law. All contentions raised by both the parties are kept open. 7. The Petitioners also are permitted to apply for ad-interim reliefs. The Sessions Court shall hear the Respondents herein and, thereafter, pass ad- 1 interim orders. The Sessions Court shall decide the Criminal Revision Application as expeditiously as possible and, in any case, within a period of three months. Parties shall report to the Additional Sessions Judge on 19th April, 2010. Writ Petition is, accordingly, allowed and disposed of. 8. Interim order passed by this Court shall continue till 19th April, 2010. It is clarified that the Sessions Court shall not be influenced by the ad- interim order passed by this Court since these observations are prima facie in nature. The Sessions Court shall decide the application for ad-interim reliefs on merits and in accordance with law. 9. Application No. 398 of 2009 filed by the Applicants does not survive and is disposed of. (V.M. KANADE J.)