Rajiv Sahai Endlaw, J.

1. The plaintiff seeks modification of the order dated 6th April, 2009 to the extent directing the plaintiff to furnish undertaking to this Court to, in the event of failing in his case for specific performance, pay to the defendant the difference of the admitted agreed price of Rs. 1,82,50,000/- and Rs. 2.50 crores which was disclosed by the counsel for the plaintiff himself on 6th April, 2009 to be the present market value of the property.

2. The said order was made because in this case, the plaintiff, out of agreed sale consideration of Rs. 1,82,50,000/- has paid only Rs. 10 lacs to the defendant. The written agreement to sell dated 4th July, 2007 provides that the balance Rs. 1,72,50,000/- shall be paid by the plaintiff to the defendant within 90 days of 4th July, 2007; that the defendant shall execute sale deed/document in favour of the plaintiff at the time of receiving full consideration and also deliver vacant, peaceful, physical possession of property and title documents of property. It is also a term of the agreement that if the defendant does not pay the balance consideration, then earnest money of Rs. 10 lacs shall be forfeited and agreem