27. wp 557-11.doc rma IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 557 OF 2011 Vishal Hariprakash Gupta & Anr .. Petitioner Vs Surinder Singh Sabharwal .. Respondent Ms. Purnima G. Bhatia for the Petitioners CORAM : B.R. GAVAI, J. DATE : 24th FEBRUARY, 2011. P.C.: 1. By the present petition, the petitioners challenges the order dated 22nd July 2010 vide which the Chamber Summons and Notice of Motion taken out by the present petitioners for setting aside the order of abatement dated 17th January 2003 in Small Cause Suit No. 3136 of 1994 came to be rejected. 2. The deceased plaintiff had filed a suit for injunction. The plaintiff expired on 3rd October 2001 leaving behind the petitioners as his legal heirs. Since no application was made within the prescribed period, the suit came to be abated vide order dated 17th January 2003. The application came to be filed after six years contending that in June 2009, when the petitioners were searching some papers, they came to know about the said suit and as such, the application was filed. As aforesaid the same is rejected. 3. The learned Judge while considering the application relied on a decision in the case of Oriental Aroma Vs GIDC reported in 1 27. wp 557-11.doc 2010(2) Scale 645 and has found that the petitioners have failed to make out a case for establishing sufficient cause for condoning delay. The learned trial Court has given sound and cogent reason. 4. In that view of the matter, no interference is warranted. The petition stands rejected. 5. Needles to say that the dismissal of the petition shall not come in way of the present petitioners in taking recourse to such remedies, as such that are available in law. [ B.R. GAVAI, J. ] 2 27. wp 557-11.doc 3