BELA M. TRIVEDI, J.

1. Civil Application No. 9970 of 2017 has been filed by the third party applicants for bringing the legal heirs of the deceased - original petitioner Kantaben Shrikrishna Agrawal in Civil Application No. 10253 of 2014 filed by the applicants, seeking their impleadment as the petitioners in Special Civil Application No. 5411 of 2008. Similarly Civil Application No. 10370 of 2017 has been filed by the said third party applicants for bringing on record the legal heirs of the deceased original appellant Kantaben in First Appeal No. 1589 of 2011 and in Civil Application No. 10254 of 2014 filed by them, seeking their impleadment/transposition as appellants in the said First Appeal.

2. The said Kantaben, who was the sole appellant in the First Appeal and the sole petitioner in the Special Civil Application has expired on 26.5.2017

3. The broad facts giving rise to the present proceedings as transpiring from the record are that the land in dispute pertains to Survey No. 220/1 admeasuring 2 acres 34 gunthas situated at Bodakdev. The original landlord of the said land was one Haribhai Talsibhai Patel, who had executed one unregistered agreement to sell in favour of Kantaben Agrawal on 25.4.1968 The said Haribhai Talsibhai Patel, expired on 1.10.1972 The said Kantaben thereafter filed Special Civil Suit No. 1/1975 against the legal heirs of the said Haribhai, seeking specific performance of the said agreement executed by Haribhai. It appears that the said Kantaben had executed one power-of-attorney in favour of one Dr. Harshad Bhupatkar on 9.12.2002 for prosecuting the said suit. The said power-of-attorney holder Dr. Harshad Bhupatkar withdrew the said suit by submitting the purshis (Exh.254) on 4.11.2004 Pursuant to the said purshis, the suit was permitted to be withdrawn by the concerned Court on 6.11.2004 It further appears that the grandson of the original owner Haribhai Talsibhai and the sons of Pravinbhai Haribhai i.e. Yatinbhai and Manishbhai in the meantime executed one registered sale deed qua their 1/3rd share in the land in question in favour of one Purushottambhai Pravinbhai Patel on 12.6.2002 The said Purushottambhai Pravinbhai Patel executed a registered sale deed qua 1/3rd share in the suit land in favour of the said power-of-attorney holder Dr. Harshad Bhupatkar on 18.3.2005

4. On 12.8.2005, the said Kantaben - original plaintiff in the suit No. 1/1975 filed Misc. Civil Application No. 37/2005, seeking condonation of delay for restoration of the said suit, which was withdrawn by her power-of-attorney Mr. Bhupatkar. The said application for condonation of delay was dismissed by the Court on 22.11.2006, against which the Special Civil Application No. 2513 of 2007 was filed by the said Kantaben. The High Court vide the order dated 18.4.2007 disposed of the said Special Civil Application quashing and setting aside the order dated 22.11.2006 and directed the trial Court to decide the application, seeking restoration of the suit. The trial Court vide order dated 23.10.2007 dismissed the said MCA No. 36 of 2007 and did not restore the suit. Being aggrieved by the said order, the said Kantaben filed the Special Civil Application No. 5411 of 2008 on 26.12.2007

5. It further appears that the said Kantaben had filed another Special Civil Suit being No. 376 of 2007 against the legal heirs of the original owner Haribhai Talsibhai and Pravinbhai Parshottambhai, seeking cancellation of the sale deed dated 12.6.2002, sale deed 18.3.2005, for cancellation of the power-of-attorney in favour of Dr. Harshad Bhupatkar, etc. In the said suit, an application under Order VII Rule 11 came to be filed by the defendants, which was allowed by the Court on 16.6.2010 and the plaint was ordered to be rejected. Being aggrieved by the said judgment and order passed in the said suit, the said Kantaben filed the First Appeal No. 1589 of 2011.

6. It further appears that one another suit being Regular Civil Suit No. 66 of 2007 came to