JUDGMENT

1. Office has reported the appeal to be barred by 2252 days.

2. This second appeal under Section 100 CPC is directed against the judgment & decree dated 22/2/2014 passed by the Addl. District Judge, Barmer, whereby, the appeal filed by the respondent against the judgment & decree dated 19/9/2012 passed by the Addl. Civil Judge (Sr. Div.), Barmer was accepted and the decree passed by the trial court was modified.

3. The suit was filed by the respondent for permanent injunction, which came to be decreed by the trial court to the extent of 45'x30' in terms of the Commissioner's report, wherein, the portion was marked as A, B, C, D.

4. The plaintiff being not satisfied with the decree granted by the trial court, filed first appeal. The first appellate court allowed the appeal and granted decree to the extent of boundaries indicated in para 1 of the plaint.

5. The appellate decree was passed on 22/2/2014 and the present appeal has been filed on 22/7/2020. Along with the appeal, an application under Section 5 of the Limitation Act, 1963 has been filed seeking condonation of delay in filing the appeal with the following averments:

"2. That as the decision of the first appeal was not co