Rajiv Sahai Endlaw, J.

1. The appeal impugns the judgment and decree (dated 18th October, 2002 of the Court of the Additional District Judge (ADJ), Delhi in Suit No. 197/2001 filed by the appellant/plaintiff) insofar as declining the relief of specific performance of an Agreement to Sell of immovable property to the appellant/plaintiff, though decreeing the suit for refund of the earnest money paid by the appellant with interest.

2. The appeal was admitted for hearing and vide ad-interim order dated 28th January, 2003 status quo directed to be maintained with respect to the suit property. It appears that the respondent/defendant had also preferred RFA No. 769/2002 against the same judgment and decree. Vide order dated 27th November, 2009 this appeal was clubbed with RFA No. 769/2002 and both appeals were ordered to be heard and listed together. The counsel for the appellant/plaintiff on the same day made a statement that the appellant/plaintiff was not wishing to press CM No. 37/2003 for interim relief and on which the earlier interim order directing maintenance of status quo was made. Accordingly, the said application was dismissed as not pressed. On 16th February, 2010 the counsel