JASHUBHAI SOMABHAI PATEL Vs. MANIBEN

JUDGEMENT

(1.) Challenge in this petition under Article 227 of the Constitution of India, is to the order dtd. 19/6/2013 passed below Exhs. 33 and 35 in Regular Appeal No. 2 of 2000, by which, the Appellate Court has condoned the delay caused in preferring the Application bringing the legal heirs of deceased Jasubhai Somabhai and set aside the abatement.

(2.) Facts and circumstances giving rise to file present petition are that, the respondent nos. 1 to 4 - the original plaintiffs filed a Civil Suit being RCS No. 515 of 1999 (Old No. 185 of 1984), for seeking possession of the suit land and also sought partition of the suit properties. The suit came to be dismissed on 5/10/1999. The respondent no. 1 by way of preferring Regular Civil Appeal No. 2 of 2000, challenged the judgment of dismissal of the suit before the Appellate Court at Ahmedabad. During the pendency of the Appeal, the original plaintiff passed away. The respondent no.1 filed an application dtd. 16/1/2013, Exh. 33 for condonation of delay as there was a delay in bringing the legal heirs on record and simultaneously vide Exh. 35, filed an application for bringing legal heirs of original plaintiff on record with a prayer to set aside the abatement of appeal. The Appellate Court vide its order dtd. 19/6/2013 by allowing the application Exh. 33, condoned the delay of 11 years and permitted the respondent no. 1 to join the legal heirs of original plaintiff and also set aside the abatement of appeal.

(3.) Being aggrieved and dissatisfied with the aforesaid orders passed below Exhs. 33 and 35, the legal heirs of the deceased Jasubhai Somabhai - original defendant, have come up before this Court invoking supervisory jurisdiction of this Court under Article 227 of the Constitution of India.