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2020 Supreme(Del) 97

S.MURALIDHAR, TALWANT SINGH
Jaswin Arora – Appellant
Versus
Harmeet Singh Sood – Respondent


Advocates Appeared:
For the Appellant :Kunal Tandon, Niti Jain, Girdhar Singh, Amandeep Singh, Advocates
For the Respondents:Rajshekhar Rao, Ravi Kapoor, Karthik Sundar, Rishav Ambastha, Umang Kapoor, Arti Bansal, Advocates

JUDGMENT :

S. Muralidhar, J.

1. This appeal is directed against two impugned interim orders of the learned Single Judge dated 13th September, 2018 in OA No.8 of 2018 in CS (OS) 3056 of 2014 and I.A. No.19555 of 2014 in the same suit.

2. The Appellant is the Plaintiff in the aforesaid suit. He is seeking specific performance of an Agreement to Sell/Memorandum of Understanding (‘MoU’) dated 19th May, 2012 and 22nd May, 2012 in respect of the basement (front and rear portion), ground floor and terrace along with the proportionate rights of the property at No. D-16, Greater Kailash Enclave-I, New Delhi (hereafter, “the property in question”) entered into between him and Defendant Nos.1 and 2 in the suit who have been impleaded in the present appeal as Respondent Nos.1 and 2.

3. On 30th April 2014, the original owner of the property in question Mr. Joginder Kapoor (impleaded as Respondent No.4 herein) entered into an Agreement to Sell (ATS) in respect of some portions of the suit property with Defendant/ Respondent Nos.1 and 2. It is the case of the Plaintiff that the above ATS/MoU was entered into by the Plaintiff with Defendant Nos.1 and 2 as attorney of Defendant No.3.

4. The case of the

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