SUKHWINDER SINGH vs KUMAR MANAV SHARMA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 17.10.2025 Judgment pronounced on:29.10.2025 + FAO (OS) 122/2025, CM APPL.66068/2025, CM APPL. 66069/2025 SUKHWINDER SINGH .....Appellant Through: Mr. Avinash Das, Adv. versus KUMAR MANAV SHARMA .....Respondent Through: Mr. Kawar Udai Bhan Singh Sehrawat, Adv. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The Appellant [Plaintiff before the learned Single Judge] assails the correctness of order dated 08.08.2025 [hereinafter referred to as ‘Impugned order’], whereby the learned Single Judge declined to grant interim injunction in his favour in a pending suit for specific performance of an Agreement to Sell, or in the alternative, recovery of Rs.2,25,00,000/-. FACTUAL MATRIX 2. In order to comprehend issues involved in the present case, the relevant facts are required to be noticed. 3. A perusal of the record reflects that the Respondent [Defendant Signature Not Verified FAO (OS) 122/2025 Page 1 of 6 Signed By:SAVITA PASRICHA Signing Date:29.10.2025 14:51:58 before the learned Single Judge] is stated to be owner of House No. B- 16, Ganesh Nagar, Pandav Nagar Complex, Village Shakarpur Khas in the area of Shahdara, Delhi [hereinafter referred to as ‘suit property’]. 4. There are two Agreements to Sell, one after the other, executed between the parties, which are not disputed. The first Agreement to Sell was entered into on 10.08.2024, wherein the Respondent agreed to sell the suit property in favour of the Appellant for a total consideration of Rs.2,60,00,000/-, against which Rs.30,00,000/- was paid in cash as earnest money on 10.08.2024. The sale transaction was to be completed by 10.10.2024, when the Respondent was to hand over