SHABIRA AMIN TAJWANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By preferring this petition under Arts. 226 and 227 of the Constitution of India, the petitioners have prayed for the issuance of a writ of certiorari or any other appropriate writ or order, quashing and setting aside the impugned order dated 28-7-2009 passed by the learned Principal, Senior Civil Judge, Junagadh, below Exh. 170 in Regular Civil Suit No. 696 of 1998, whereby, the said application for condoning the delay of 234 days and setting aside the abatement, has been rejected.

(2.) Briefly stated, the relevant facts of the case are that the sole plaintiff of the abovementioned suit, Amin Ibrahim Tajwani (now deceased) expired on 8-4-2007. The suit had been instituted for grant of declaration and permanent injunction against the respondents. The petitioner No. 1 is the widow of the deceased-plaintiff. The petitioner Nos. 2 to 6 are the daughters of the deceased-plaintiff and petitioner Nos. 7 to 10 are the sons of the deceased-plaintiff. The petitioner Nos. 8 to 10 are minors. The petitioners filed the abovementioned application for condoning the delay of 234 days caused in filing the application and for setting aside the abatement, by joining them as heirs and legal representatives of deceased-plaintiff Amin Ibrahim Tajwani. This application has been rejected by the trial Court, by passing the impugned order, giving rise to the filing of the petition.

(3.) Mr. Anshin H. Desai, learned Counsel for the petitioners, has made the following submissions :