1 3240.11-wp IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. WRIT PETITION NO. 3240 OF 2011 Smt.Gulab Soma Kambadi and others. ... Petitioner. V/s. Thane Municipal Corporation. ... Respondent. Ms.Nita Karnik i/b. R.P.Mudholkar for the petitioner. Mahendra Karmalkar i/b. Mandar Limaye for the respondent. CORAM: R.M.BORDE, J. DATED : 20th August 2011. P.C. : Heard. 2. Rule. 3. With the consent of parties, matter is taken up for final disposal at the admission stage. 4. The order passed by 6th Joint Civil Judge, Senior Division, Thane below Exh.67 in Special Civil Suit No.440/2002 is the subject matter of challenge in the instant petition filed by the petitioners/ legal heirs of the original plaintiff. An application tendered by the petitioners seeking condonation of delay of more than a year in bringing on record the legal heirs of the sole plaintiff came to be 2 3240.11-wp rejected by the trial Court. The reason given for rejection of the application is that neither the date of death of the plaintiff was mentioned nor any document was annexed in support of the contention as regards the death of the plaintiff as well as date of his death. 5. The death certificate has been placed on record along with this petition, which discloses the date of death of the original plaintiff as 21st August 2008. The trial Court has adopted hyper technical approach in rejecting the application for condonation of delay presented by the petitioners/ legal heirs of the original plaintiff. Considering the facts and circumstances, I am of the opinion that the trial Court ought to have condoned delay in presenting the said application. 6. In the above view of the matter, writ petition is allowed. The application filed at Exh.67 in Special Civil Suit No.440/2002 on the file of the trial Court shall be deemed to have been allowed and the delay occurred in bringing the legal heirs of the original plaintiff on record shall be deemed to have been condoned. Abatement of the suit is set aside. Rule is, accordingly, made absolute. There shall be no order as to costs. (R.M.BORDE, J.)