:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.8881 OF 2007 PETITION NO.8881 OF 2007 PETITION NO.8881 OF 2007 Gopal Suryaji Pade since deceased by his legal heirs Chandrabhagabai Gopal and others ..Petitioners V/s Subhash Shankar Marathe deceased his L/Rs Vijaya Subhash Marathe and others ..Respondents. Mr.V.S. Gokhale for the petitioners Mr.Suresh P. Saroj h/f S.P. Pitre for respondents CORAM CORAM CORAM : A.A. SAYED, J. : A.A. SAYED, J. : A.A. SAYED, J. DATE DATE DATE : 4TH JUNE, 2008 : 4TH JUNE, 2008 : 4TH JUNE, 2008 P.C. 1. This petition is directed against the order dated 12th June, 2007 passed by Ad-hoc District Judge, Pune, whereby the application of the petitioners to condone the delay in bringing the heirs of the deceased Subhash Shankar Marathe on record was rejected. 2. The deceased Subhash died on 26-6-2007 and the application has been made on 15-11-2007 and apparently there is delay of about 50 days to make the Application. The learned Counsel for the :2: respondents submitted that the suit was dismissed in 2001 and appeal was filed in 2005 for which the condonation of delay application in filing the appeal is pending. 3. Considering the facts and circumstances of the case that the delay is only of about 50 days, I am inclined to condone the same, subject to costs. In my view, the Trial Court should have been more liberal as the application is only to bring the legal heirs of the deceased Subhash on record. 4. Hence, the petition is allowed. The impugned order is set aside subject to costs of Rs. 1000/- to be paid by the petitioners to the respondents. Payment of costs is condition precedent. Amendment to be carried out within 4 weeks. 5. Writ petition is disposed of. ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)