Heard the learned standing counsel for the appellant and Shri M.K.Gupta, learned counsel for the respondents.

This is an application to condone the delay of 11 years 92 days in filing the appeal.

2. Before adverting to the facts as stated in the application for condonation of delay, it would be appropriate to notice in brief: the controversy which was involved in the suit giving rise to the appeal.

3. The suit no. 333 of 1993 (Radhey Lal Maheshwari versus State of U.P and others) was instituted for permanent injunction restraining the defendants from selling any part of the property i.e property no. 28/647-45 siutate in Loha Mandi District Agra, treating it as Nazul poperty. In the said suit, besides the State of U.P, Nagar Mahapalika were impleaded as defendants. The plaintiff came out with the case that the said property was earlier declared as evacuee property and was vested in the Central Government. The said property was sold under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 in favour of M/s Qaulity Marked Footwear Manufacturer Association, Agra through President of India. It appears that the said purchaser w