IN THE HIGH COURT OF DELHI AT NEW DELHI CS (OS) No. 885 of 2005 DR. PANKAJ KUMAR ..... Plaintiff Through: Ms. Huma Mahfooz, Advocate.

versus K.L. KATYAL ..... Defendant Through: Mr. M.S. Vinaik, Advocate.

CORAM: JUSTICE S.MURALIDHAR

O R D E R

03.09.2013

1. Dr. Pankaj Kumar has filed this suit against Shri K.S. Katyal for a decree of specific performance of the agreement to sell and purchase dated 19^th February 2005 thereby directing the Defendant to perform his part of the contract and execute title deeds in respect of the suit property i.e. Flat No. C- 1/A/98A, Pankha Road, Janakpuri, New Delhi (hereafter ‘the suit property’) in favour of the Plaintiff and in the alternative to direct the Defendant to pay the amount equivalent to the difference between the sale price and the market price of the suit property prevalent at the time of filing of the suit to the Plaintiff. The Plaintiff has also sought a decree of permanent injunction restraining the Defendant from selling, transferring, alienating, creating any third party interest and/or parting with possession of the suit property in favour of any third person other than the Plaintiff.

2. The case of the Plaintiff as narrated in the pl