* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) No. 572/2006 & CS(OS) No. 380/2009 % 21st AUGUST, 2015 + CS(OS) No. 572/2006 HARVINDER PAL SINGH & ANR. ..... Plaintiffs Through None.

versus S.K.MUKHERJEE & ANR. ..... Defendants Through Mr. M. Dutta, Advocate + CS(OS) No. 380/2009 SHRI S.K.MUKHERJEE & ANR. ..... Plaintiffs Through Mr. M. Dutta, Advocate Versus SHRI HARVINDER PAL SINGH DUA & ANR. ..... Defendants Through None.

CORAM:

HON’BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

1. Two suits are being disposed of by the present judgment, being CS(OS) No. 572/2006 and CS(OS) No. 380/2009. The 2006 suit is a suit for specific performance. The suit of 2009 is a counter suit by the proposed sellers seeking back possession of the property which was agreed to be sold in terms of the Agreement to Sell dated 21.10.2004. It is conceded before me on behalf of the plaintiffs/proposed sellers in the 2009 suit namely Sh. S.K. Mukherjee and Smt. Neelam Mukherjee that if the 2006 suit is decreed, then automatically the 2009 suit would stand dismissed. The proposed purchasers under the Agreement to Sell dated 21.10.2004 are Sh. Harvinder Pal Sin