JUDGMENT

Amit Bansal, J. (Oral). - [VIA VIDEO CONFERENCING]

CM No. 428/2022 (for Exemption)

1. Allowed, subject to just all exceptions.

2. The application is disposed of.

CM (M) 13/2022 and CM No. 429/2022 (for Stay)

3. The present petition under Article 227 of the Constitution of India impugns the order dated 21st August, 2021 passed by the Additional District Judge - 03 (South), Saket, New Delhi (Trial Court) in Civil Suit bearing CS No. 194/2020, whereby the application filed on behalf of the petitioner/defendant under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) has been dismissed.

4. The present petition arises from a suit for specific performance filed on behalf of the respondent/plaintiff in respect of purchase of the property belonging to the petitioner, being a flat located at Ground Floor bearing No. C/6/13/1 at Safdarjung Development Area, New Delhi. The suit was based on agreement to sell dated 30th June, 2015 which was later superseded by the agreement to sell dated 10th March, 2018. Besides seeking the relief of specific performance in the suit, an alternate relief of recovery of sum of Rs.1.95 crores towards damages was also sought. The suit was filed in Mar