JUDGMENT

SHALINDER KAUR, J.

1. The present CM(M) petition no.144/2020 has been filed by the petitioners under Article 227 of the Constitution of India to set aside the impugned order dated 23.12.2019 passed by learned Additional District Judge-02 & Waqf Tribunal, Patiala House Courts, New Delhi (hereinafter referred to as `Trial Court') in C.S No. 58511/2016, titled as "Smt.Usha Rani vs. Smt. Shakuntala Devi & Ors." wherein the learned Trial Court has dismissed the applications filed by the legal heirs of Late Smt. Usha Rani/original plaintiff under Order XXII Rule 3 of Code of Civil Procedure, 1908 (hereinafter referred to as `CPC') and Section 5 of the Limitation Act, 1963. Moreso, the learned Trial Court held that the present suit has already been abated for not filing the application under Order XXII Rule 3 CPC within statutory period of limitation.

2. The brief facts necessary for disposal of the present petition are that Late Shri Kailash Narain also known as Kailash Chand was the absolute owner of the two properties i.e. property no. 642, bearing khasra no. 522/1 near Bhaiya Chowk, Mahipalpur, New Delhi and property no. 847, plot no.2, bearing khasra no. 537, Mahipalpur, New De