JUDGMENT :

S.ABDUL NAZEER, J.

1. Leave granted.

2. The question for consideration in this appeal is whether the High Court is justified in dismissing the second appeal on merits in the absence of the learned counsel for the appellants.

3. The appellants herein are the defendants in the suit T.S. 10 of 2000 on the file of the Civil Judge (Junior Division) Khowai and the respondents are the plaintiffs. The plaintiffs filed the said suit for a declaration of their title, recovery of possession and for mesne profits. The Trial Court dismissed the suit on 19.08.2002. Feeling aggrieved, the plaintiffs filed an Appeal No. 2 of 2003 before the Additional District Judge, West Tripura, Khowai. The District Judge allowed the appeal on 30.06.2006. The judgment and decree of the Trial Court was set aside and the plaintiffs were declared as owners of the suit land. Further, it was held that the plaintiffs are also entitled for recovery of possession of the suit property. This judgment of the First Appellate Court has been challenged by the defendants before the Guwahati High Court in R.S.A No.45 of 2006.

4. It is evident from the materials on record that the appeal was listed for hearing several time