C.M. Appl. No.18622/2018 (for exemption)
1. Exemption allowed, subject to just exceptions.
C.M. stands disposed of.
RFA No. 383/2018 and C.M. Appl. No. 18621/2018 (for stay)
2.(i) This Regular First Appeal under Section 96 of the Code
of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit
RFA No. 383/2018 Page 1 of 27
impugning the judgment of the Trial Court dated 27.1.2018 by which
trial court has dismissed the suit filed by the appellant/plaintiff seeking
specific performance of the Agreement to Sell dated
1.9.2003/Ex.PW1/1 and the Compromise Agreement dated
24.11.2004/Ex.PW1/5, pertaining to property no. 3/153, Sunder Vihar,
Paschim Vihar, New Delhi, measuring 133 sq. yards. Trial court by
the impugned judgment has however passed a money decree for a sum
of Rs.4,00,000/- in favour of the appellant/plaintiff along with interest
at 12% per annum on account of this amount having been paid by the
appellant/plaintiff to the respondent no. 1/defendant no. 1 under the
subject agreement to sell.
Source: Indian Kanoon