(1.) The delay in filing the appeal is condoned. Heard Sri M.L. Maurya, holding brief of Sri Ramendra Asthana, learned Counsel for appellant on the admission of appeal.
(2.) This second appeal has been preferred by plaintiff, challenging the judgment and decree of the lower Appellate Court, whereby suit for declaration and mandatory injunction, has been dismissed.
(3.) For the sake of convenience, parties shall be referred as they were described in Trial Court, i.e., as plaintiff/defendant, unless specified otherwise.