(1.) The respondents/plaintiffs filed a civil suit for declaration and permanent injunction in respect of land bearing Khasra No.483 area 1.20 hectare.
(2.) The trial Court vide its judgment and decree dated 30.9.2005 has decreed the suit filed by the respondents/ plaintiffs. Against the said judgment and decree the appellant has preferred an appeal before Additional District Judge, Bhurhanpur, along with application for condonation of delay.
(3.) The first appellate Court, vide its judgment and decree dated 5.2.2009, has dismissed the application filed by the appellant under Section 5 of the Limitation Act, consequently, the appeal was also dismissed. Against the said judgment and decree, the appellant has filed the present second appeal.