Rajiv Sahai Endlaw, J.

1. The appeal impugns the judgment and decree (dated 19th December, 2009 of the Court of the Additional District Judge (ADJ), Delhi in CS No.98/2008 filed by the respondent No.1/plaintiff against the appellant Sh. Sushil Kumar Bagga and the respondent No.2 Smt. Chander Kanta Sharma) of specific performance of the Agreement to Sell dated 16th September, 1985 by the respondent No.2/defendant No.1 in favour of the respondent No.1/plaintiff with respect to property No.198/17A, Garhi, East of Kailash, New Delhi and further declaring the Sale Deed dated 9th March, 1999 executed by the respondent No.2/defendant No.1 in favour of the appellant with respect to the said property to be hit by the principles of lis pendens and of cancellation thereof.

2. Notice of the appeal was issued and vide ex-parte ad-interim order dated 7th May, 2010, the operation of the impugned judgment and decree was stayed. The appeal was on 9th July, 2010 admitted for hearing and the Trial Court record requisitioned. On 29th July, 2011, the earlier interim order was confirmed and the appeal was listed for hearing in the category of regular matters. Hearing was expedited for the reason