SEWA INTERNATIONAL FASHIONS LTD vs KALAWATI MATHRANI (DEAD) THR LEGAL REPRESENTATIVES

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 21.08.2025 Judgment pronounced on: 12.09.2025 + RFA(OS) 108/2015, CM APPL. 7327/2016, CM APPL. 5940/2018 and CM APPL. 62748/2024 SEWA INTERNATIONAL FASHIONS LTD .....Appellant Through: Mr. Dayan Krishnan, Sr. Adv. with Mr. Arjun Syal, Mr. Akhilesh Wahal, Mr. Raghuveer Kapur, Mr. Sagar Aggarwal and Mr. Shreedhar Kale, Advocates. versus KALAWATI MATHRANI (DEAD) THR LEGAL REPRESENTATIVES .....Respondent Through: Mr. Mukul Talwar, Senior Advocate with Mr. Varun Kumar, Mr. Yogender Misra, Ms. Ragini Kapoor and Mr. Rohit Kumar, Advocates for R- 1 to R-3. Dr. Arun Mohan, Senior Advocate with Mr. Rakesh Kumar & Mr. Sunil, Advocates for R-4. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. Through the present Appeal, the Appellant (Plaintiff before the Trial Court) assails the correctness of the judgment and decree dated Signature Not Verified RFA(OS) 108/2015 Page 1 of 27 Signed By:JAI NARAYAN Signing Date:12.09.2025 18:26:22 01.09.2015 [hereinafter referred to as “Impugned Judgment”], passed by the learned Single Judge [hereinafter referred to as “LSJ”], whereby the suit filed by the Appellant, seeking relief of specific performance against the Agreement to Sell dated 24.04.2000 [hereinafter referred to as “agreement”] in respect of a free hold property bearing no. 16, Poorvi Marg, Vasant Vihar, New Delhi- 110057 admeasuring 1219 sq. yds. [hereinafter referred to as “suit property”], was dismissed on account of the suit being barred by limitation alongside the Appellant’s non-willingness to perform his part of contract. A. FACTUAL MATRIX 2. At the outset, it is noted that issues requiring adjudication of this Court are both procedural a