Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 29 CS DJ 264/25
PARMINDER KAUR SETHI Vs. HARISH SHARMA AND ORS.
05.06.2025
Present: Sh. Anuj Malhotra, Ld. Counsel for the plaintiff.
Sh. Sandeep, Ld. Counsel for defendant no. 1.
Sh. Shiv Kumar Gautam, Ld. Counsel for defendant no. 3 to 6.
Arguments on the application filed under Section 151 CPC on
behalf of plaintiff heard. By way of this application, the plaintiff is seeking
a relief in the form of stay order.
2. In brief, it is the case of the plaintiff that he was cheated by the
defendants and without the consent of the plaintiff, some amount was
given/transferred to the plaintiff and when the defendant was in the process
of getting sale deed registered, a letter was returned by the plaintiff to the
concerned Sub-Registrar and the registration of the sale deed was withheld.
It is further stated that plaintiff also filed several complaints to the police but
no action has been taken. Now, it is paid that the defendants may be
restrained to take possession of the suit property which was never intended
to be sold.
3. On the other hand Ld. Counsel for defendant no. 3 to 6 argued
that the entire sale consideration was given/transferred to the plaintiff after
having full agreement between the parties about the said sale transaction
and there was no coercion or cheating. It is further stated that when the sale
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deed was put on hold by the concerned Sub-Registrar, the defendants filed
writ petition before Hon’ble High Court of Delhi in which direction was
given for registation of the sale deed. There upon the said sale deed was
registered. The counsel for the plaintiff argued that the said petition is still
pending.
4. From the aforesaid submission, it is observed that after
registration of the sale deed, the right, title and interest of the suit poropery
already stood transferred in favour of the purchaser. In view of the said
facts, no direction can be given to restrain the said purchaser not to seek
possession of the said property otherwise it will amount to cause
interfarance in the legal proceeding of the defendant/purchaser.
Accordingly, the aforesaid application is dismissed.
5. Further argument on the application filed on behalf of the
defendant no. 3 to 6 under Section 151 CPC also heard. Now, the counsel
for the said defendants stated that the said application may be allowed to be
withdrawn.
6. Put up for filing of replication, affidavit of admission/denial of
documents and framing of issues on 07.08.2025.
(Naresh Kumar Laka)
DJ-07, Central, THC
05.06.2025
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