INDRAPAL Vs. LALSAI

JUDGEMENT

(1.) THE instant second appeal has been preferred by the appellants along with an application for condonation of delay in filing the appeal.

(2.) HEARD on application for condonation of delay. According to the appellant/defendant No. 2 and 3, the plaintiff's suit for declaration, possession and injunction was decreed by the trial court. The appeal preferred thereagainst by the present appellants was also dismissed vide impugned judgment and decree dated 4-4-2007. During the pendency of first appeal, the appellant No. 1 died in the year 2003. However, the legal representatives of appellant No. 1 could not be brought on record, therefore, the appellant preferred time barred review petition before the first appellate court along with an application under Section 5 of the Limitation Act. The review petition was dismissed by the first appellate court as time barred. The appellant preferred W.P.(227) No. 6443/2010 before this Court. The said petition was also dismissed affirming the order of the first appellate court. Therefore, the instant second appeal is being preferred.