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2023 Supreme(Del) 990

MANOJ KUMAR OHRI
Tarun Tanwar – Appellant
Versus
Anil Kumar – Respondent


Advocates appeared:
Mr.Yashpal Sehrawat and Mr.Bal Raj Kaushik, Advocates, for the Appellant.
Ms. Suman Chaudhary, Advocate, for the Respondent No.1.
Ms. Ananya Yadav, Advocate, for the Respondent No.2.

JUDGMENT

Manoj Kumar Ohri, J. (Oral)--By way of present appeal filed under Order 43 Rule 1 read with Section 151 CPC, the appellant/plaintiff has assailed order dated 21.11.2022 passed by the learned ADJ, Dwarka Courts, New Delhi in CS No. 932/2022, vide which the application filed by him under Order 39 Rules 1 and 2 CPC seeking interim stay was dismissed.

2. Mr. Yashpal Sehrawat, learned counsel for the appellant, submits that the appellant had filed the underlying suit for specific performance of Agreement to Sell dated 12.12.2020 executed between him and respondent No.1/defendant. It is further submitted that the said Agreement was executed when respondent No.1 had approached the appellant's father and proposed to sell his property i.e. plot bearing No. 412-B, area measuring 250 Sq. Yds. (Size 30 X 75), out of Khasra no. 14/19/1, situated in revenue estate of village Pandwala Kalan, Delhi state, Delhi Abadi known as Shri Hans Nagar Colony, Najafgarh, New Delhi (hereinafter, the `suit property'). The suit property was statedly sold on the basis of bayana receipt issued in favour of respondent No.1 by one Ram Babu, the previous owner thereof. It is averred that the sale considerat

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