SURENDRA SAWHNEY Vs. MURLIDHAR

JUDGEMENT

(1.) THE appeal is admitted, Mr. Naveen Dhuan Advocate waives service for respondents No. 1 and 2. In view of the controversy that is involved in the appeal, we heard the counsel for the parties for final disposal of the appeal at this stage itself.

(2.) THE present appellant is the original plaintiff. In the civil suit No. 57/1995 he prayed for a decree of specific performance of the agreement to sale date 22. 3. 1992 against the present respondents No. 1 and 2 (original defendant Nos. 1 and 2) and other incidental reliefs. For the sake of brevity and convenience, we shall refer the appellant, `the plaintiff' and the respondents No. 1 and 2, `the defendants. '

(3.) THE trial Court by its order dated 29. 8. 2006 deferred the consideration of these applications until the disposal of the suit (301/1991) by Delhi High Court since the trial in the suit remained stayed.