NARESH BATRA vs ANAND PRAKASH BANSAL

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 17.09.2025 Judgment pronounced on: 26.09.2025 + RFA(OS) 34/2025, CM APPL. 33486/2025, CM APPL. 58889/2025 & CM APPL. 58892/2025 NARESH BATRA .....Appellant Through: Mr. Aviral Tiwari, Senior Advocate with Mr. Raman Kapur and Mr. Divyansh Singh, Advocates. versus ANAND PRAKASH BANSAL .....Respondent Through: Mr. Mayank Goel, Mr. Diganta Das and Ms. Mehakpreet Kaur, Advocates. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The present regular first appeal under Section 96 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] and Section 10 of the Delhi High Court Rules, 1966, has been filed against the judgment dated 22.04.2025 passed by learned Single Judge in CS(OS) 659 of 2011 titled Anand Prakash Bansal v. Naresh Batra whereby the suit of specific performance filed by the Respondent has been decreed in his favour and the Appellant is directed to execute the Sale Deed in favour of the Respondent with respect to the freehold property admeasuring 91.81 square metres, bearing No. 169, Pocket- Signature Not Verified RFA(OS) 34/2025 Page 1 of 17 Signed By:SAVITA PASRICHA Signing Date:26.09.2025 15:33:15 H-19, Sector 7, Rohini, Delhi [hereinafter referred to as “subject property”]. BRIEF FACTUAL MATRIX 2. Mr. Anand Prakash Bansal/Respondent herein instituted a suit for specific performance for two Agreements to Sell in respect of a subject property. The parties first entered into an Agreement to Sell on 17.09.2010 [hereinafter referred to as “first ATS”] for a agreed total sale consideration of Rs. 2,69,00,000/-. 3. A perusal of the first ATS indicates that the Appellant received Rs. 30,00,000/- as earnest money fr