Syed Ahmed Syed Nizam And ORS v. Muzammil Khan Chand Khan Died Lrs. Munnibee Muzammil Khan And ORS.

- 1 - CIVIL APPLICATION NO. 15787 of 2022 IN CIVIL APPLICATION NO. 15788 OF 2022 IN Applicants Mr. S. B. Patel, Advocate for the applicants. This application is fled for condonation of delay of 152 days caused in fling application for restoration of application by setting side order dated 22nd April, 2022 passed in Second Appeal No. 38/2013.

It is the contention of applicants that during the pendency of the second appeal, learned counsel representing them died. This was not within their knowledge and therefore, no application could be fled in time.

- 2 - Inspite of service of notice, none appears for respondents which indicates that these respondents are not interested in opposing the application.

4.

Perusal of the application shows that for no fault of the applicants and for want of knowledge about dismissal of the appeal, no steps were taken in time to restore the same. This Court, therefore, fnds it to be a ft case wherein delay needs to be condoned and second appeal deserves to be restored on the fle. Hence, application is allowed in terms of prayer clause 'B'.

- 3 - CIVIL APPLICATION NO. 15788 OF 2022 IN Applicants Mr. S. B. Patel, Advocate for the applicants. This is an application for restoration of Second Appeal No. 38/2013 by setting aside order passed by this Court on 22nd April, 2022 thereby dismissing the second appeal for want of prosecution.

It is the contention of applicants that during the pendency of the second appeal, learned counsel representing them died. This was not within their knowledge and therefore, no steps were taken in that regard.

- 4 - Perusal of the application shows that for want of knowledge about death of the counsel representing the applicants, no steps were taken by them. In view of this, this Court fnds it a ft case to set aside the order dated 22nd April, 2022 and restore the second appeal to its original position.

4.

In the result, order dated 22nd April, 2022, dismissing the second appeal for want of prosecution stands set aside. Appeal be restored to its original position.

- 5 - Appellants Mr. S. B. Patel, Advocate for the appellants. Issue notice to respondents returnable on 5th June, 2023.

Learned counsel for appellants pray for stay of the impugned judgment and decree. Liberty is granted to press for stay of the impugned judgment and decree provided respondents are served with the notice.

Private service is allowed.