Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS No.2069/24
BRIJ KISHORE TYAGI Vs. ANIL KUMAR
29.03.2025
Present: Sh. Vinay Kumar Pathak, Ld. Counsel for plaintiff (through VC).
Plaintiffs in person.
As per process server, e-summons have been served on
20.03.2025. The stipulated period provided under CPC for filing the written
statement still remains.
Let defendant file written statement within stipulated period as
provided under CPC with advance copy of the same to opposite side at least
seven days prior to the date fixed.
At this stage, Ld. Counsel for plaintiff has pressed for ex-parte
ad-interim injunction. It is submitted on behalf of plaintiff that present is a suit for
specific performance of an agreement dated 05.06.2013 to execute sale deed in
respect of the suit property i.e. 200 sq. yards, plot no.3 and 4, falling in Khasra
No.50/25, situated at Salem Pur, Mazra Burari, Delhi as described in the site
plan and seeking permanent injunction against the defendant restraining the
defendant from carrying out any construction and from creating any third party
interest in respect of the suit property. Plaintiff is seeking interim relief that
defendant be restrained from carrying out any construction and from creating
any third party interest in the suit property till the disposal of the present suit.
As per record, in support of his case, plaintiff has placed on
record documents dated 23.07.1999 showing passing of possession from the
previous owner to the defendant. Further plaintiff has placed on record
documents i.e. agreement to sell, receipt, registered GPA, registered Will and an
affidavit, all dated 05.06.2013 showing transfer of the suit property in favour of
the plaintiff by the defendant.
The case of the plaintiff is that the defendant being an assignee
of agreement dated 23.07.1999, executed an agreement to sell in respect of the
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plot of 250 sq. yards, plot no.3 and 4, falling in Khasra No.50/25, situated at
Salem Pur, Mazra Burari, Delhi against consideration of Rs.3,00,000/- in favour
of plaintiffs no.1 and 2 on 05.06.2013. That out of the area of measuring 250 sq.
yards as purchased by the plaintiff, area measuring 50 sq. yards approx. has
been encroached regarding which separate proceedings are going on.
As per record and as per record of process server, defendant
was duly served with the summons on 27.11.2024. Thereafter, he has been
served by way of e-summons on 20.03.2025 despite that defendant has neither
appeared nor filed any reply.
In view of the above discussion and the documents placed on
record by the plaintiff, defendant is directed to maintain the status quo qua the
suit property till the next date of hearing.
Put up for appearance of defendant/ written statement, on
28.05.2025.
Divya Gupta
CJ-08 (Central)
29.03.2025/Delhi
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