Neutral Citation No. - 2025:AHC-LKO:20928 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2005 of 2025 Petitioner :- M/S R.C. Developers And Builders Thru. Auth. Signatory/Partner Rakesh Kumar Gangwar Respondent :- Ram Murti Singh (Dead) Thru. 1/1 Ashirwad Singh And 2 Others Counsel for Petitioner :- Pradeep Kumar Srivastava Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the petitioner. 2. The present petition has been filed challenging an order dated 29.02.2024 passed in Misc. Case No.377 of 2016 whereby, the application for recall of the abatement of suit was rejected. 3. The facts in brief are that a buyer builder agreement was executed in between the petitioner and the opposite party no.1 for construction over the property owned by the opposite party no.1. Subsequently, the petitioner, who was the builder could not obtain the sanction from the development authority, which stood rejected, as such, the opposite party no.1 sold the property to other person. The petitioner aggrieved against the said action of the opposite party no.1 preferred a suit being Suit No.1441 of 2011 whereby, a declaration was sought that the sale deed executed by the opposite party no.1 should be declared as null and void. During the pendency of the suit, the opposite party no.1 died and an application was moved that although the opposite party no.1 has died, the petitioner was not aware of the legal heirs of the respondent, as such, no substitution could be filed. Subsequently, however the suit came to be dismissed vide order dated 25.04.20216. While doing so, the trial court observed that the petitioner could not obtained the requisite possession and in absence of any possession, the constructions could not be raised. The opposite party was justified in selling the property. Aggrieved against the order dated 25.04.2016, an appeal was preferred being Misc. Case No.377 of 2016. During the pendency of the said appeal, in the year 2021 an application was filed, wherein, it was prayed that the abatement of the suit as against the person may be recalled. The appellate court rejected the said application on the ground that no execution was given as to why the legal heirs could not be brought on record and how the petitioner came to be aware of the legal representatives after such a long time, as such, the delay condonation application was rejected. 4. Considering the fact that the petitioner himself recorded that he was aware of the death of the opposite party no.1 some time in the year 2013 and no explanation was offered for moving the application after about 8 years, no error was committed by the appellate authority rejecting the application, as such, the same does not warrant any interference in exercise of powers under Article 227 of the Constitution of India. 5. The writ petition lacks merit and is dismissed. Order Date :- 15.4.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench