DINESH CHANDRA (DECEASED) & OTHERS Vs. SURESH CHANDRA

JUDGEMENT

(1.) THIS second appeal was dismissed for non-prosecution by a learned Single Judge of this Court vide order dated 30.6.2010. Now a restoration application along with a delay condonation application has been filed by the defendant/appellants praying that the order dated 30.6.2010 may be re­called and the matter may be restored to its original number.

(2.) REASONS shown for condoning the delay in filing the restoration application seem to be bona fide. Delay is condoned. For the reasons stated in the restoration application, order dated 30.6.2010 is re­called and second appeal is restored to its original number.

(3.) THIS is defendants' second appeal. The suit of the plaintiff for permanent in­junction was decreed by the Additional Munsif, Haldwani, district Nainital vide order dated 21.05.1992. The first appeal filed by the defendants was dismissed vide order dated 12.10.1003 and the decree was upheld by the first appellate court.