JUDGMENT

Suresh Kumar Kait, J. - Ia No. 9202/2020 (under Order XXXVIII Rule 5 CPC) & Ia No. 4438/2021 (u/S 151 CPC)

1. according to plaintiffs, an agreement to Sell dated 07.01.2019 was entered into between the plaintiff/ buyer and defendants/seller in respect of property being D-24, Rajouri Garden, New Delhi-110027, in terms whereof, plaintiffs paid and amount of Rs. 3.85 Crores on 07.01.2019 and Rs. 2.00 Crores on 03.02.2019 to the defendants as earnest money. Since, the agreement to Sell in question could not be executed the plaintiff has filed the present suit for recovery praying for recovery of Rs.5,85,00,000/- along with interest of Rs.1,43,75,000/-.

2. By the above captioned first application, applicants/plaintiffs are seeking attachment of the property or direct the defendants to provide security to the extent of liability and to restrain them to not create any third party interest against the suit property. Vide ex parte interim order dated 12.10.2020, this Court has restrained the defendants from creating third-party rights in the suit property.

3. By the above captioned second application, applicants/defendants are seeking vacation of ex parte ad-interim stay granted by th