Badar Durrej Ahmed, J.—Exemption is allowed subject to all just exceptions.

FAO (OS) 424/2013

This appeal is directed against the order dated 27.08.2013 passed by a learned single Judge of this court in I.A. Nos. 22522/2012 and 2963/2013. The said applications were filed in CS(OS) No. 1042/2005 which has been filed by the appellant / plaintiff. I.A. No. 22522/2012 was an application seeking restoration of the said suit. I.A. No. 2963/2013 was an application under Order VI Rule 17 CPC seeking amendment of the plaint.

2. The said suit as originally filed by the appellant/plaintiff sought several reliefs including the relief of mandatory injunction injuncting the defendant from selling the property in question namely House No. 2 situated at Arjun Nagar, village Humayunpur, New Delhi, measuring 7683 Sq. Yards. The prayers in the plaint were as under:-

“(i). Decree of Mandatory Injunction directing the defendants to sell the property in question i.e., House bearing No. 2 area, measuring 7683 sq. yards situated at Arjun Nagar, Village Humayunpur, New Delhi, pursuant to clause No. 5 and 6 of the Memorandum of Understanding dated 18.06.2001 i.e. to sell the property in question