Somayya Poojari Since deceased represented his Legal representatives : Smt.Sumithra D/o Late Somayya Poojari, & Ors. vs Shama Karkera S/o Antha Poojari, & Ors.

The heirs and legal representatives of the deceased respondent No.2 in the Writ Petition No.25168 of 1994, are the appellants, challenging the judgment and order dated June 18, 2002. The delay is of 5117 days.

The allegation is that the original respondent No.2 in the writ petition was not served with the notice of the writ petition and, therefore, the order was passed ex parte against him. The order was not challenged by the original respondent No.2 in the writ petition, during his lifetime. The heirs and legal representatives have come up with this appeal.

We are of the opinion that, having regard to the conduct of the predecessor in title of these appellants and of these appellants, they are not entitled to any relief.

We have perused the application for condonation of delay in filing the appeal. There is no worthy explanation for condonation of delay. Even after the knowledge of the order, the appellants did not challenge the order, immediately.

Therefore, the application for condonation of delay is dismissed. Consequently, the appeal is, also, dismissed.

In view of dismissal of the appeal, the pending interlocutory application does not survive for consideration and is, also, dismissed.

We make no order as to costs.