(1.) AFTER hearing the learned counsel for the parties and perusing the record, in my opinion, there are sufficient grounds to condone the delay of 67 days in filing the appeal. Hence the application under Section 5 of the Limitation Act is allowed and delay in filing the appeal is condoned.
(2.) THIS Regular Second Appeal has been filed by some of the defendants against the judgment and decree dated 12.2.2004 passed by the Addl. Distt. Judge, whereby the suit filed by the plaintiff was accepted, the judgment and decree passed by the trial Court were set aside and the suit of the plaintiff was decreed against the defendants restraining them from interfering in the possession of the plaintiffs over the suit property otherwise than by due process of law.
(3.) I have heard the learned counsel for the parties and have gone through the record carefully.