CM(M) 616/2022

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$~53(Appellate)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

CM (M) 616/2022 & CM No. 29053/2022

SMT. SHASHI SEHDEV

..... Petitioner

Through:

Mr.Pradeep Kumar, Adv.

versus

SH. NARENDER KUMAR SHARMA

..... Respondent

Through:

None

CORAM:

HON’BLE MR. JUSTICE C.HARI SHANKAR

J U D G M E N T(O R A L)

%

06.07.2022

1.

This petition under Article 227 of the Constitution of India

assails order dated 18^th November 2019 passed by the learned

Additional District Judge (“the learned ADJ”), rejecting an application

under Order XVIII Rule 17 of the Code of Civil Procedure

(hereinafter referred to as “CPC”) filed by the petitioner (the

defendant before the learned ADJ) in CS 576816/16 (Narender

Kumar Sharma v. Shashi Sehdev).

2.

CS 576816/16 was preferred by the respondent against the

petitioner seeking specific performance of an agreement to sell dated

8^th January 2013. Among the averments in the plaint was the

averment that the respondent had completed part performance of the

agreement to sell and that the petitioner was exhibiting recalcitrance in

complying with her part of the deal. The respondent, as the plaintif