P. Mandal, J. - (1.) This application is at the instance of the respondents and is directed against the order dated August 3, 2010 passed by the learned District Judge, Alipore in E.A. Appeal No. 2 of 2005 thereby condoning the delay in preferring the appeal by the appellants/opposite parties herein.
(2.) The Revenue Officer, Kasba started a proceeding under Sec. 44(2a) of the West Bengal Estates Acquisition Act, 1953 being the Case No. 1 of 2005 and on June 7, 2005 orders were passed in favour of the petitioners. In that proceeding, the appellants/opposite parties herein were not parties at all. The opposite party Nos. 1 to 3 preferred an appeal against the said judgment and order under Sec. 44(3) of the said Act being E.A. Appeal No. 2 of 2005 before the learned District Judge, Alipore describing themselves as trustees of Dakshineswar Kali Temple and Debottar Estate. They also filed an application for condonation of delay under Sec. 5 of the Limitation Act, 1963. That appeal was registered and an order of stay of the order impugned was granted by the order dated September 12, 2005. Being aggrieved, the petitioners preferred a writ petition being W.P. No. 13716(W) of 2007 before this Hon'ble Court and this Hon'ble Court disposed of that writ application on April 29, 2010 upon certain directions. Thereafter, the appeal proceeded in accordance with law and the application for condonation of delay filed by the appellants were taken up for hearing. Upon hearing both the sides, the learned District Judge allowed the application under Sec. 5 of the Limitation Act condoning the delay. Being aggrieved by such order, the respondents have come up with such application.
(3.) Now the point for consideration is whether the learned District Judge was justified in allowing the application for condonation of delay.;