1. This petition under Article 227 of the Constitution is at the instance of original defendants and is directed against order dated 3rdSeptember, 2007 passed by Second Additional Senior Civil Judge, Surat in delay condonation application no. 24/2005 and thereby the Trial Court condoned the delay of 5 years and 189 days in filing application for setting aside the dismissal of Special Civil Suit no. 423 of 1987 for non prosecution.

2. The case as set up by the petitioners - original defendants may be summarized thus:

2.1 One Ambelal Umedbhai Patel, father of the respondents herein preferred Special Civil Suit no. 423/1987 for specific performance of the agreement to sell executed in the year 1974 by the petitioners herein. As per condition no. 4 of the Agreement to sell, the registered sale deed was to be executed within period of three years from the date of agreement to sell.

2.2 Ambelal Umedlal Patel preferred Special Civil Suit no. 423/1987 in the Civil Court at Surat on 3rd September, 1987 and prayed for specific performance of the aforesaid agreement to sell.

2.3 In the suit, the Trial Court vide its order dated 3rd September, 1987 granted ex parte injunction in favour of