ARUN MONGA, J.

CM-9917-C-2022

For the reasons stated, the application is allowed subject to all just exceptions. Delay of 341 days in filing the appeal is condoned.

RSA-2903-2022

For convenience, parties herein are addressed as per the recitals before learned trial Court.

2. Having suffered concurrent adverse findings by the two Courts below, defendants (appellants herein)are in second appeal before this Court assailing learned trial Court judgment and decree dated 25.02.2016, as upheld by learned First Appellate Court vide its judgment and decree dated 24.09.2019.

3. Briefly stated, facts as noticed by Courts below are that plaintiffs sought permanent injunction, restraining the defendants from cutting or removing the trees from the suit land situated adjoining the Sutlej River. In order to protect the land from erosion, 180 eucalyptus trees had been planted during the last many years. Those trees belong to plaintiffs. On 15.09.2013, due to wind storm, fifteen trees got uprooted and fell. Defendants tried to remove those trees and also attempted to cut some trees illegally.

4. Upon notice, defendant-appellants appeared and filed written statement taking preliminary objection qua maintain