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2023 Supreme(Del) 5725

VIBHU BAKHRU, AMIT MAHAJAN
Narender Jain – Appellant
Versus
Anis Ahmed Rushdie (Deceased) Thr Lrs – Respondent


Advocates appeared:
Mr. Dhruv Mehta, Senior Advocate, with Mr. Rahul Malhotra and Ms. Shruti Gupta, Advocate, Mr. Pradeep Aggarwal, Mr. Sahil Gupta, Mr. Arjun Aggarwal, Ms. Gurleen Kaur and Mr.Vishal Singh, Advocate, Mr. Abhishek Aggarwal, Advocate, for the Appellant; Mr. Ashish Dolakia, Senior Advocate, with Mr. Sanjay Sharma Darmora and Mr. Yoginder Prashad Uniyal, Advocate, for the Respondent.

JUDGMENT

Vibhu Bakhru, J. -

Introduction

1. These appeals are directed against an order dated 24.12.2019 (hereafter 'the impugned order') delivered by the learned Single Judge in CS(OS) No.994/1977. The said suit was instituted for specific performance of an Agreement to Sell dated 22.12.1970 (hereafter 'the Agreement to Sell') in respect of property ad-measuring 5373 sq. yds. bearing No.4 Flagstaff Road, Civil Lines, Delhi (hereafter 'the suit property'). The said suit was decreed by the Supreme Court in terms of a judgment dated 03.12.2012 rendered in Civil Appeal No.8653/2012 and other connected appeals.

2. The Supreme Court directed specific performance of the Agreement to Sell, albeit at a consideration equivalent to market price as prevailing on the date of the said decision, that is, on 03.12.2012. Since there was no material to determine the said sale consideration, the Supreme Court remitted the matter to the Trial Court (learned Single Judge of this Court) to undertake the exercise of determining the market value of the suit property as on 03.12.2012.

3. The learned Single Judge, passed the impugned order determining the market value of the suit property, as on 03.12.2012, at

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