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* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of decision: 19.12.2025

+ FAO 91/2025 and CM APPL. 20553/2025

AJAY KUMAR GOYAL .....Appellant

Through: Mr. Rakesh Tanwar, Ms. Sanjana

Gupta and Mr. Varun Arora,

Advocates.

versus

SANJAY GOYAL NOW DECEASED

THROUGH LEGAL HEIR ANJU GOYAL .....Respondent

Through: Mr. Rohit Goel and Mr. Avdesh Rai,

Advocates. CORAM:

HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA

JUDGMENT (ORAL)

CHANDRASEKHARAN SUDHA, J.

1. This appeal under XLIII Rule 3 of the Code of Civil

Procedure, 1908 (the CPC) has been filed by the plaintiff in Civ DJ 163/2023 on the file of learned District Judge-05 (West), Tis Hazari Courts, New Delhi, aggrieved by the order dated 03.03.2025, whereby his application under Order XXXIX Rule 1

of the CPC was dismissed.

2. According to the appellant/plaintiff, he entered into an agreement to purchase dated 11.10.2021 (the sale agreement) with the father of the respondents/defendants for the purchase of the suit property and paid approximately 10% of the agreed sale consideration as advance, in cash, at the time of execution of the agreement. As the sale agreement did not materialize, the plaintiff filed the suit for specific performance of the agreement