Prakash Krishna, J. - (1.) Heard the learned Counsel for the parties.
(2.) Challenging the order dated 28.1.2009 passed by the Additional District Judge, Court No. 14, Moradabad in Civil Appeal No. 134 of 1999 rejecting the restoration application of the petitioners, the present writ petition has been filed.
(3.) The background facts may be noticed in brief: A suit for redemption of mortgage being suit No. 537 of 1983 was instituted by the respondent No. 1(since deceased) in the court of Munsif, Moradabad wherein Sada Shiv Sahai the father of the petitioners was impleaded as defendant being the mortgagee. It appears that during the pendency of the said suit after filing of the written statement by the father of the petitioners, he died. The suit was dismissed by the judgment and decree dated 28.9.1999. The matter was carried in Civil Appeal No. 134 of 1999 before the District Judge, Moradabad and it was transferred to Additional District Judge, Court No. 14 who by its judgment and decree dated 10.9.2001 allowed the appeal. Thereafter, the matter was carried in second appeal before this Court by Krishan Sahai who is son of the deceased defendant mortgagee. The said appeal being second appeal No. (81) of 2006 is still pending as it is belated one. The application for condo nation of delay in its filing is pending.;