J.R. Midha, J.

I.A. Nos. 489/2011 and 3228/2011

1. The plaintiff has filed this suit seeking specific performance of the Agreement to Sell dated 10th November, 2010 and 18th November, 2010 in respect of the property bearing No. D-87, Defence Colony, New Delhi-110024.

2. The plaintiff has filed I.A.No. 489/2011 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure in which ex-parte interim order dated 18th January, 2011 was passed directing the defendants to maintain status quo with respect to the title and possession of the suit property till the next date of hearing. Defendants No. 1 and 2 have filed I.A.No. 3228/2011 under Order XXXIX Rule 4 of the Code of Civil Procedure for vacation of the ex-parte interim order dated 18th January, 2011. Both these applications have been heard together.

3. Plaintiff's Case

3.1. Defendants No. 1 and 2 are the joint owners of suit property bearing No. D-87, Defence Colony, New Delhi-110024. Defendants No. 1 and 2 are real brothers. Defendant No. 1 is the constituted attorney of defendant No. 2 who is residing in Canada. Defendant No. 3 is the mother of defendants No. 1 and 2.

3.2. Defendant No. 1 acting for himself and as constituted attorney