RAJINDER SINGH CHAUHAN Vs. SARDARA SINGH AND OTHERS

JUDGEMENT

(1.) The appellant-plaintiff in Regular Second Appeal against the concurrent findings of facts and law, whereby, suit for permanent and mandatory injunction against the defendants from creating any sort of obstruction created by the defendants at passage on point AB by constructing a wall upto the height of 4 feet in the street shown in red colour in the site plan, has been dismissed by the trial Court and upheld by the Lower Appellate Court.

(2.) The appeal is accompanied by an application seeking condonation of delay of 282 days in filing the appeal on the premise that counsel in the Lower Appellate Court had assured that Regular Second Appeal would be filed and thus, the appellant-plaintiff remained under bonafide plea and thereafter, filed the appeal. The application is supported by an affidavit of appellant.

(3.) Mr. U.K.Agnihotri, learned counsel for the appellant-plaintiff submits that appellant-plaintiff purchased the two biswas of land, vide sale deed dated 15.03.2004, wherein, it was specially provided that there was a street at point A to B which has been blocked by the defendants by raising wall having 4 feet height at point AB, therefore, cause of action accrued to seek injunction from raising further construction as well as mandatory injunction.