RAVJI KHIMJI CHHEDA Vs. KESARBEN LAXMICHAND DEDHIA

JUDGEMENT

(1.) By this Chamber Summons filed by the applicants under Order 22 Rule 9 of the Code of Civil Procedure, 1908, the applicants seek setting aside of abatement of arbitration petition dismissed by orders dated 13 th September, 2005 and 26 th September, 2005 and also seek condonation of delay of 676 days in taking out Chamber Summons for bringing the heirs and legal representatives of deceased petitioner no.2, 1707 days delay in taking out Chamber Summons for bringing the heirs and legal representatives of deceased petitioner no.3 and 3200 days delay in taking out Chamber Summons for bringing the heirs and legal representatives of deceased petitioner no.1 and 284 days delay in taking out Chamber Summons for bringing the heirs and legal representatives of deceased respondent no.2. Some of the relevant facts for the purpose of deciding this Chamber Summons are as under :-

(2.) Original petitioner nos. 1 to 4 viz. Mr.Ravji Khimji Chheda, Mr.Visanji Khimji Chheda, Mr.Shamji Khimji Chheda and Mr.Padamsey Khimji Chheda were brothers and were cousins of petitioner no.5. By an agreement dated 4 th March, 1964 and 3 rd December, 1968, the original petitioner nos. 1 and 3 agreed to purchase land situate at Peston Sagar, Chembur, admeasuring 132 acres and 36 gunthas. On 27 th November, 1978 a suit (1562 of 1978) came to be filed by Rustom Dalal and others against Union of India in respect of a larger property. The original petitioner nos. 1 and 3 herein were plaintiff nos. 5 and 4 respectively in the said suit. By an agreement for sale dated 31 st May, 1984, original petitioner nos. 1 and 3 agreed to sell property at Chheda Nagar, Peston Sagar situate at Chembur to original respondent nos.1 and 2 viz. Laxmichand Liladhar Dedhia and Keshavji Palan Shah respectively. The said agreement for sale was executed by the original petitioner nos. 1 and 3 and was witnessed by the original petitioner nos. 2, 4 and 5.

(3.) By a separate writing dated 30 th June, 1984 executed by the original petitioner nos. 2, 4 and 5, the agreement for sale dated 31 st May, 1984 was confirmed. By a Supplementary Agreement dated 18 th August, 1986, the original petitioners and the original respondent nos. 1 and 2 agreed to amend and/or modify some clauses of the said Agreement for Sale dated 31 st May, 1984.