S ALAGAR Vs. R DINAKARAN

JUDGEMENT

(1.) Heard Mr.Arumugam, learned counsel appearing for the petitioners and Mr.K.K.Ramakrishnan, learned counsel appearing for the respondents.

(2.) This petition has been filed to condone the delay of 957 days in filing the Second appeal against the Judgment and Decree in A.S.No.71 of 2009 on the file of the learned I Additional Sub Judge, Madurai.

(3.) The petititoners herein are the defendants in the suit. The respondents herein filed the suit for a prayer of declaration and for permanent injunction and for mandatory injunction and for declaration of easementary right of pathway and the petitioners herein filed a counter claim. The trial Court partly decreed the suit of the respondents declaring that the respondents are entitled to 1.1 feet on the northern side of portion described as AE and 1.5 feet on the northern side of portion described as ED and they are entitled to the relief of mandatory injunction for the removal of encroachments in the above extent of property and suit was dismissed with regard to other prayers. The petitioners filed an appeal before the I Additional Sub Judge, Madurai in A.S.No.71 of 2009 and the respondents herein filed a cross appeal. The first Appellate Court dismissed the appeal and the cross appeal and confirmed the Judgment passed by the trial Court. The petitioners have come forward to file this second appeal against the dismissal of the appeal. There is a delay of 957 days in filing the second appeal.