SANJIB KUMAR JENA Vs. PRADEEP KR.

JUDGEMENT

(1.) THIS is an application filed by defendant No. 2 under Order 7 Rule 11 CPC for dismissal of the above captioned suit. The plaintiff on 12 th April, 2011 entered into an agreement to sell with defendant No. 1 pertaining to Flat No. 268, Sector 13, MIG, Pocket A, Dwarka, New Delhi for a purchase value of Rs. 63,75,000/ -. The plaintiff is stated to have paid an advance of Rs. 3,00,000/ - to defendant No. 1. As defendant No. 1 has failed to proceed further, the present suit has been filed under the Specific Relief Act of the said agreement to sell.

(2.) ON 30.08.2011 an order was passed by this Court that subject to deposit of Rs 60.75 lacs in an FDR, the defendants will maintain status quo with regard to title and possession of the said flat. It is stated that the full amount in terms of the said order dated 30.08.2011 has not been deposited.

(3.) LEARNED counsel appearing for defendant No. 2 has relied upon the judgment of the Supreme Court in the case of Indu Kakkar vs. Haryana State Industrial Development Corporation Ltd. and Anr., AIR 1999 SC 296.