Rakesh Kumar Garg, J.

1. Cm No.3137-C of 2009

2. There is a delay of 31 days in filing this appeal. An application for condonation of delay has been filed along with this appeal.

3. Notice of this application was given to the respondents. However, no reply has been filed.

4. For the reasons mentioned in the application, which have remained unrebutted, delay of 31 days in filing this appeal is condoned. Civil Misc. application stands disposed of. CM No.3136-C of 2009

5. For the reasons mentioned in the application, delay of 14 days in re-filing this appeal is condoned. Civil Misc. application stands disposed of. RSA no.1092 of 2009

6. This is defendants second appeal challenging the judgment and decrees of the courts below whereby suit of the plaintiff-respondent for declaration with consequential relief of permanent and mandatory injunction has been decreed holding that resumption order dated 1.10.2003 and the appellate order dated 27.2.2004 are illegal, null and void. The facts of this case are not in dispute. Respondent-plaintiff failed to make payment of the plot in question allotted to him by the appellants. The aforesaid plot in question was resumed vide order dated 1.