JUDGMENT

Tarun Chatterjee, J. —

1. Leave granted.

2. These appeals are filed against the order dated 28th of December, 2007 passed in Writ Petition (Misc.) Single No. 7361 of 2001 and the order dated 3rd of October, 2008 passed in CLMA No. 6551 of 2008 and MCC No. 1153 of 2008 respectively of the High Court of Uttarakhand, whereby the High Court had dismissed the Writ Petition (Misc.)Single No.7361 of 2001 for non prosecution and rejected the application for restoration of the writ petition on condonation of delay in filing the same.

3. The facts of the case are as follows:

The deceased mother of the appellants Smt. Devki Devi was dispossessed from her shop on account of deceptive acts of her Manager, namely, Pooranlal Shah who was engaged by her to run the business of confectionery (Halwai) after the death of her father. The said Manager got an ex parte order for declaring vacancy under Section 16(1) of U.P.Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act No.13 of 1972) and thereafter an ex-parte order for allotment of shop in question in his favour. The said order was challenged by the appellants before the High Court of Allahabad and by its judgment and