RAJU SARDANA vs PAWAN ARYA & ORS

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 11.06.2025 + C.R.P. 159/2018, CM APPL. 30877/2018, CM APPL. 26701/2019 & CM APPL. 49865/2019 RAJU SARDANA ..... Petitioner versus PAWAN ARYA & ORS ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr. Akash Vajpai, Adv. For the Respondent : Mr. Ravi Sharma & Mr. Harish Kishore, Advs. for R1 CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition is filed against the order dated 09.04.2018 (hereafter ‘impugned order’) passed by the learned Additional District Judge (‘ADJ’), West District, Delhi in Civ DJ No. 611272/16 whereby the suit for specific performance filed by Respondent No. 1 was partly decreed in his favour in terms of the compromise arrived at between Respondent No. 1 and Respondent No. 4. Signature Not Verified Signed By:KAMALDEEP KAUR C.R.P. 159/2018 Page 1 of 10 Signing Date:16.06.2025 18:07:19 2. It is the petitioner’s case that the petitioner through his mother and Respondent No. 4 are co-owners of the property bearing No. 3/28, West Patel Nagar, New Delhi – 110008 admeasuring 200 square yards (hereafter ‘suit property’). On 29.08.2009, the petitioner and Respondent No. 4 entered into a collaboration agreement with Respondent Nos. 2 and 3 for the work of construction (being the basement, ground floor, first floor, second floor and third floor) on the suit property. In accordance with the collaboration agreement, Respondent Nos. 2 and 3 were to complete the work of construction within a period of 12 months. Further, post the completion of the work as stipulated under the collaboration agreement, Respondent Nos. 2 and 3 were to retain the second floor of the suit property. 3. During such time, prior to the completion of construction, Respondent Nos. 2 a