JUDGMENT :

1. Though the matter was listed in ‘Orders’ Category, at the joint request of both the parties, the matter was heard today finally.

2. This writ petition has been filed under Articles 226 and 227 of the Constitution of India, with the following prayers: -

“It is, therefore, most respectfully prayed that the writ petition filed by the petitioner may kindly be allowed with cost and by an appropriate order, writ or direction, impugned order dated 7.7.2023 (Annexure-5), may kindly be quashed and set aside, consequence thereof, the application under section 65 of the Act may kindly be ordered to reject with all consequential directions.

Any other appropriate writ, order or direction, which is considered just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner.”

3. Brief facts of the case are that the respondent/plaintiff had filed for a suit of specific performance of the agreement dated 28.10.2014 for a shop ad-measuring 10x10 feet for Rs. 25,00,000 and the respondent/plaintiff had already paid Rs. 8,00,000 in cash as earnest money, on the same day and the agreement was attested and executed. As per the agreement dated 28.10.201