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2023 Supreme(Del) 3419

VIBHU BAKHRU, AMIT MAHAJAN
Monika Gupta – Appellant
Versus
Sanjay Bansal – Respondent


Advocates appeared:
Mr. Shiv Charan & Mr. Imran Khan, Advocates, for the Appellant.
Mr. Neeraj Kumar, Advocate, for the Respondent in CM APPL No. 19452/2022.

JUDGMENT

Vibhu Bakhru, J.

CM APPL. 51989/2019

1. The appellant has filed the present application seeking condonation of delay of 1969 days in filing the present appeal.

2. The petitioner has preferred the present intra-court appeal against an order dated 27.08.2014 (hereafter `the impugned order') passed by the learned Single Judge, whereby the respondent's suit for specific performance was decreed. The impugned order indicates that the parties had entered into an Agreement to Sell of a plot of land described as Plot No.68, measuring 50.40 sq. mt., Pocket-11, Block-G, Sector-11, Rohini, New Delhi-110085 (hereafter `the suit property') for a sale consideration of Rs.80,00,000/- (Rupees Eighty Lakhs). The plaintiff claimed that it had paid the appellant/defendant a sum of Rs.50,00,000/- (Rupees Fifty Lakhs) on 07.05.2012 - the date on which the Agreement to Sell was entered into. The remaining consideration of Rs.30,00,000/- (Rupees Thirty Lakhs) was required to be paid on or before 15.05.2012 at the time of execution of the Sale Deed. The learned Single Judge noted that despite sufficient opportunity, the defendant/appellant had not filed a written statement and the same was not on

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