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Judgment
Jaswant Singh, J.—Since there is delay of 70 days'' in filing the present appeal, application bearing CM No. 8925-C/2011 has been filed seeking condonation of the said delay. The application is supported by an affidavit dated 20.7.2011 of Pawan Kumar, one of the appellants. For the reasons stated in the application which is duly supported by affidavit of one of the appellants, the application is allowed and delay of 70 days in filing the appeal is condoned.
RSA No. 3231/2011.
Defendants/appellants are in appeal against the judgment and decree of reversal dated 8.2.2012 whereby the suit for possession in respect of three marlas of land comprised in khasra No. 249 has been decreed while setting aside the judgment and decree dated 5.10.2009 passed by the trial court dismissing the suit of the plaintiffs.
It is apparent that the learned appellate court has relied upon the demarcation report dated 15.12.2010 submitted by the Local Commissioner i.e. Naib Tehsildar, Mustafabad appointed vide order dated 17.11.2010 (which was never challenged by the defendants/appellants) to record the finding that the defendants have encroached upon three marlas of suit land belonging to the plaintiffs comprised in khasra No. 249.
After arguing for sometime, learned counsel for the defendants/appellants prays for withdrawal of the present appeal. Dismissed as withdrawn.