PRATHIBA M.SINGH,J. - (1.) This hearing has been done by video conferencing.
(2.) This is a first appeal against the order dated 10th February, 2020 by which the ld. ADJ/ Executing Court has held that the alternate relief of monetary payment is granted in favour of the Decree Holder/Plaintiff i.e. the Appellant herein (hereinafter 'decree holder'), as more than two years have been passed since the decree for specific performance was passed and the same has not reached any conclusion.
(3.) The brief background of this case is that a suit for specific performance of an agreement to sell and purchase dated 18th January, 2012 was filed by the Appellant herein against the Respondent. The said suit was decreed in favour of the decree holder, by the ld. ADJ, vide judgement/decree dated 16th May, 2017. The operative portion of the said decree reads as under: - "20. In the light of my findings on the foregoing issues, I hereby decree the suit of the plaintiff and pass a decree of Specific Performance in favour of the plaintiff and against the defendant in respect of the suit property i.e. roof of ground floor(upto sky rights) area measuring 65.24 sq. meters part of free hold built up property bearing Municipal No. 1152 situated at Tokri Walan, Churl Walan, Jama Masjid, Delhi- 110 006 alongwith common facilities of entrance/passage and staircase subject to balance payment of Rs. 30 lacs by the plaintiff to the defendant or in, alternate defendant is directed to pay double of the amount of earnest money i.e. Rs.20,00,000/- alongwith interest @ 8 % from the date of filing of the suit till its realization. Defendant is also further directed to refund the amount of Rs. 10,00,000/- to the plaintiff which was also paid by the plaintiff later on alongwith interest @ 8 % from the date of filing of the suit till its realization. I also pass a decree of Permanent Injunction restraining the defendant, her agents etc. from selling, parting with possession or creating any third party interest in respect of the property in question Costs of the suit is also awarded in favour of the plaintiff." ;