: 1 : 6429-11-wp=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6429 OF 2011 Vincent Diago Dinis .. Petitioner v/s. Manu Kaitan Dinis and Ors. .. Respondents ......... Mr. N.R. Bubna for the petitioner Mr. Vilas B. Tapkir for respondent nos. 1 to 8 ......... CORAM : R.Y.GANOO, J DATE : 5th OCTOBER,2011. P.C. : 1. Rule. Rule is made returnable forthwith. By consent, taken up for hearing. 2. The original plaintiff no.1 in R.C. Suit No.1284 of 1982 in the Court of learned 3rd Civil Judge, Junior Division, Thane expired on 18th January, 1981. Application to bring heirs of said plaintiff no.1 on record was filed on 20th April, 2008 without tendering any affidavit in support of the said application. The said application was opposed by the present petitioner. : 2 : 6429-11-wp=.sxw By application dated 4th December, 2010 was filed for condonation of delay in filing application dated 30th April, 2008. That application was filed on behalf of the applicant no.1 and his power of attorney of applicant nos. 2 to 9. Death Certificate is produced to show that said applicant has expired on 21st February, 2010. This will go to show that the said application for condonation of delay at Exh.53 was not filed by all the concerned persons. 3. Thereafter, the learned Civil Judge, Junior Division before whom the suit was pending passed order dated 18th April, 2011. A perusal of the said order goes to show that the learned Judge has not given reasons for granting the said application. He has also not considered as to how the delay has been explained and whether such a delay is required to be condoned and other result aspects. In view of this order dated 18th April, 2011 will have to be set aside with further directions to the learned Judge to hear and dispose of the application dated 30th April, 2008 as well as application dated 4th July, 2010 by giving proper hearing. Needless to mention that the respondents will have to bring heirs of Sanjon on record in support of the said application, who is no more. Across the bar, learned advocate for the respondent made a statement that Sanjon has no legal : 3 : 6429-11-wp=.sxw heirs. Since the said statement is made across the bar is accepted. Hence, following order is passed. ORDER (i) Order dated 18th April, 2011 is set aside. Application dated 30th April, 2008 as well as application dated 4th July, 2010 are restored to the file of learned Joint Civil Judge, Junior Division, Thane in Suit No.1282 of 2002 is set aside. (ii) As the applications are restored to the file of learned Joint Civil Judge, Junior Division, Thane the learned Judge shall decide these two applications on merits after giving fresh hearing to concerned parties. Learned Judge should pass a speaking order. There shall be no order as to costs. (R.Y.GANOO, J.)