JUDGMENT :

Kurian, J.

I.A. No. 126775 of 2017 - appeal against Registrar's Order of Lodgement dated 27.03.2017 is allowed. Delay in filing the application for restoration is condoned and the application for restoration is allowed. The order dated 03.06.2016 dismissing the appeal is hereby recalled.

2. Heard the learned counsel for the appellants. We find that there are concurrent findings of fact, one by the first appellate court and the other by the High Court. Paragraphs 13 & 14 of the Judgment of the first appellate court read as follows :-

"13. The Municipal Council filed objections against the report of the Local Commissioner, but did not examine him to clarify the measurements and the demarcation carried out at the spot. DW1 T.R. Sharma, Secretary of the Municipal Committee, Bawal in his affidavit Ex. D1/A stated that report of the Local Commissioner was not correct because he had not affixed three pucca points and that at the time of demarcation, representative Om Prakash Clerk of the Committee had objected to it but in order to prove the same neither said Om Prakash was produced nor the Local Commissioner was examined regarding the objection if any.

14. A perusal of the report E