Order 2

Order Details: COPY OF ORDER
Pdf Text: CS DJ 628/26 MS AASHI WEDDING STUDIO THROUGH ITS PROPRIETOR MR
RAVI KANT GUPTA Vs. MS MARIYAM
Page No. 1
13 CS DJ 628/26 MS AASHI WEDDING STUDIO THROUGH
ITS PROPRIETOR MR
RAVI KANT GUPTA Vs. MS MARIYAM
03.07.2026
Present: Sh. Devanshu Rexwal, Ld. Counsel for the plaintiff
through VC.
Today copy of sale deed executed in favour of the
defendant qua property Plot Pvt No. 5 with its roof/terrace rights, built
on land measuring 250 sq yards i.e. 209.25 sq meters, out of khasra
No. 21/3, situated in the area of village Kamalpur Majra Burari, Abadi
known as A- Block, Harit Vihar, Delhi has been placed on record by
the plaintiff. Be taken on record.
Heard perused.
Issue summons of the suit for settlement of issues to
the defendant through all modes including electronic modes, subject
to filing of affidavit of registered email ID and contact number and
on filing of PF returnable for next date of hearing. Steps be taken
within 02 working days from today.
Along with the present suit, the plaintiff has filed
application under Order 39 Rule 1 and 2 CPC seeking ad-interim
temporary injunction, thereby restraining the defendant from
disposing off or creating any kind of third party interest in the suit
property bearing No. Unit No.4, First Floor, Plot No.5, Khasra
No.21/3, Block-A, situated in the area of village Kamalpur Majra,
Burari, Delhi.
It is the case of the plaintiff that he advanced financial
assistance in the form of loan to the defendant for purchasing the suit
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CS DJ 628/26 MS AASHI WEDDING STUDIO THROUGH ITS PROPRIETOR MR
RAVI KANT GUPTA Vs. MS MARIYAM
Page No. 2
property. The plaintiff contends that the suit property has been
purchased out of the funds advanced by him in the form of loan to the
defendant. It is also contended that loan was advanced for the period
of 6 months to the defendant; and despite having purchase of the suit
property out of these funds, the defendants has failed to repay the loan
amount within agreed period of time i.e. 6 months.
The plaintiff contends that the he has reasonable
apprehension that defendant may dispose off the suit property and
pocket the consideration amount. It is therefore, argued that it is
expedient to restrain the defendant from selling the suit property. It is
also contended that the plaintiff has already given representations to
the Sub-Registrar concerned, thereby requesting not to allow any kind
of sale purchase with respect to the suit property.
From the perusal of the averments made in the plaint, it
is absolutely clear that plaintiff does not press any kind of right, title
or interest in the property purchased by the defendant allegedly out of
the funds advanced in the form of loan by the plaintiff.
At best, the application of the plaintiff under Order 39
Rule 1 and 2 CPC can be treated as application under Order 38 Rule
5 CPC which deals with provision of attachment before judgment
where the court is satisfy that defendant with intention to obstruct or
delay the execution of decree, that may passed against him, dispose
off whole or any party of the property.
Further, before proceeding under Order 38 Rule 5 CPC,
it is imperative to issue issue a show cause notice to the defendant, to
show cause that why he should not be directed to furnish security.
In this view, this court is not inclined to pass any ad-
interm ex-parte order restraining the defendant from selling the suit
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CS DJ 628/26 MS AASHI WEDDING STUDIO THROUGH ITS PROPRIETOR MR
RAVI KANT GUPTA Vs. MS MARIYAM
Page No. 3
property. However, this court is inclined to proceed in terms of under
Order 38 Rule 5 CPC.
Accordingly, show cause notice under Order 38 Rule 5
CPC may be issued along with the copy of this order to the defendant
to file the reply to the show cause that why surety be not furnished by
the defendant. Reply be filed within 3 days. Ahlmad is directed to
issue show cause notice to the defendant today itself subject to filing
of PF. Plaintiff is at liberty to take show cause notice dasti with
summons.
Further, let the copy of this order, copy of plaint and
copy of registry be sent to Sub Registrar concerned directing that in
case of any application for transfer or change of title in the suit
property before proceeding with the same, the Sub-Registrar
concerned shall send an intimation to the court.
This process be also issued during the course of the day
without PF.
Re-notify on 07.07.2026.
Copy of this order given dasti to Ld. Counsel for the
plaintiff at request.
(Sumeet Anand)
DJ-11/Central/THC
Delhi/03.07.2026(d)
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