Hon’ble Ran Vijai Singh, J.—The present Second Appeal has been filed by the defendant­appellants against the judgment and order dated 13.8.2008 passed by Additional District Judge, Court No.8, District Mathura arising from Original Suit No. 174 of 2006 in between Munni Devi and another v. Smt. Premwati and another vide judgment and order dated 13.8.2008, appellant’s Appeal No. 176 of 2008 has been dismissed as barred by time.

2. The Stamp Reporter has reported that Second Appeal is not maintainable against the said judgment.

3. I have heard Sri R.K. Rathore, learned counsel for the appellants.

4. Learned counsel for the appellants has submitted before this Court that the report given by the Stamp Reporter is wrong and the Second Appeal is maintainable for the simple reason that dismissal of an Appeal for the reason of delay in its presentation after disposal of an application for condonation of delay is in substance and effect a confirmation of a decree appealed against, therefore, the Second Appeal lies. In support of his submissions, he has placed reliance upon the Full Bench decision of the Kerala High Court reported in AIR 1988 Ker 48, Thambi v. Athew and another, where