1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1474 OF 2004 Mahadev K.Vagase & Ors. .. Petitioners Versus Rajaram Malhari Hipparkar and Ors. .. Respondents Mr.M.V.Limaye for petitioner Mr.U.R.Mankapure for respondents. CORAM : S.C.DHARMADHIKARI, J. DATE : 21st February 2008 P.C. . Perused the petition and the annexures thereto. In the light of the decision of the Supreme Court in the case of Mithailal Dalsangar Singh Vs. Annabai Devram Kini reported in A.I.R. 2003 S.C. 4244 separate applications were unnecessary. In this view of the matter, petitioners are allowed to implead heirs and legal representatives as parties in the pending application for condonation of delay. All 2 amendments to be carried out. Delay condonation application is now restored to file of the lower appellate court and the lower appellate court to permit the amendments to the same within two weeks. Upon amendments being carried out, the said application would be decided on its own merits and in accordance with law after hearing both sides. Since the court has directed the petitioners to file two applications and in the absence of the compliance has dismissed the application for condonation of delay. In the peculiar facts of this case, there shall be no order as to costs. It is clarified that this court has expressed no opinion on the merits of the application for condonation of delay nor has in any way condoned the delay. All contentions of both sides in that behalf are expressly kept open. 3 (S.C.Dharmadhikari, J)