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2025 Supreme(Online)(Del) 6729

IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR, JJ
SEWA INTERNATIONAL FASHIONS LTD – Appellant
Versus
KALAWATI MATHRANI (DEAD) THR LEGAL REPRESENTATIVES – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Dayan Krishnan, Sr. Adv., Mr. Arjun Syal, Mr. Akhilesh Wahal, Mr. Raghuveer Kapur, Mr. Sagar Aggarwal, Mr. Shreedhar Kale
For the Respondents:Mr. Mukul Talwar, Senior Advocate, Mr. Varun Kumar, Mr. Yogender Misra, Ms. Ragini Kapoor, Mr. Rohit Kumar, Dr. Arun Mohan, Senior Advocate, Mr. Rakesh Kumar, Mr. Sunil

ANIL KSHETARPAL, J.

1. Through the present Appeal, the Appellant (Plaintiff before the Trial Court) assails the correctness of the judgment and decree dated 01.09.2015 [hereinafter referred to as “Impugned Judgment”], passed by the learned Single Judge [hereinafter referred to as “LSJ”], whereby the suit filed by the Appellant, seeking relief of specific performance against the Agreement to Sell dated 24.04.2000 [hereinafter referred to as “agreement”] in respect of a free hold property bearing no. 16, Poorvi Marg, Vasant Vihar, New Delhi-110057 admeasuring 1219 sq. yds. [hereinafter referred to as “suit property”], was dismissed on account of the suit being barred by limitation alongside the Appellant’s non-willingness to perform his part of contract.

A. FACTUAL MATRIX

2. At the outset, it is noted that issues requiring adjudication of this Court are both procedural and substantive in nature, which are an offshoot of the turn of events arising from developments related to the payment of the remaining amount against the sale consideration. Therefore, only the dates and events leading to the material circumstances shall be referred to hereinafter.

3. With respect to the determination of

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