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2017 Supreme(Del) 156

RAJIV SAHAI ENDLAW
SANTOKH SINGH – Appellant
Versus
SHAGUN FARM PVT LTD. – Respondent


Advocates Appeared:
For the Plaintiff : Mr. S.S. Johar & Ms. Eti Solanki, Advs.
For the Defendant : Mr. Rakesh Kumar & Mr. Aditya Nayyar, Advs.

ORDER :

IA No.2702/2014 (of the defendant under Order VII Rule 11 CPC)

1. The two plaintiffs viz. Sh. Santokh Singh and Sh. Lalit Agarwal instituted this suit for specific performance of an agreement dated 28th December, 2006 of sale by defendant to the two plaintiffs of agricultural land ad-measuring 7 Bighas 19 Biswas in village Brijbasan, New Delhi and agricultural land measuring 4 Bighas 16 Biswas in village Bamnoli, New Delhi.

2. The suit was entertained and summons thereof issued. The suit was not accompanied with any application for interim relief restraining the defendant from further transacting the property, as is customary in such suits.

3. In this context, it may also be noticed that though the suit came up first before the Joint Registrar on 22nd July, 2011 but the requisite court fees had not been paid on the plaint and time wherefor was sought; the court fees was not deposited inspite of adjournments on 16th August, 2011, 15th September, 2011, 20th October, 2011, 14th November, 2011 and the summons of the suit as aforesaid were finally issued on 30th November, 2011.

4. The plaintiffs thereafter also did not show any haste in pursuing the suit.

5. This application of the d










































































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