Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS No. 596/2024
Sh. Neeraj Kumar Walia Vs. Ms. Garima Aggarwal
15.10.2024
Fresh suit received by way of assignment. It be
checked and registered.
Present : Sh. Satish Verma and Sh. Sandeep Dhanuka, Ld.
Counsel for the plaintiff alongwith plaintiff.
The present suit is a suit for declaration and
permanent injunction, inter alia, praying for declaration as null
and void of the agreement to sell dated 12.6.2022 executed
between plaintiff and defendant regarding property bearing no.
C-51, Pandav Nagar, Delhi-110092, ad measuring 100 sq. yds.
approximately (hereinafter referred as suit property) as null and
void.
Ld. counsel for plaintiff presses for application
seeking application under Order XXXIX Rules 1 and 2 r/w
Section 151 CPC for grant of ad-interim ex-parte injunction
against the defendant.
It is submitted by the plaintiff that he is the absolute
owner and is in exclusive possession of the suit property. It is
submitted that agreement to sell qua the suit property was
executed between the plaintiff and defendant on 12.06.2022 for a
total consideration amount of Rs. 2,27,00,000/- and the plaintiff
has received a sum of Rs. 2,50,000/- by way of cheque and sum
of Rs. 2,50,000/- in cash from the defendant at the time of
execution of aforesaid agreed terms as part/ earnest money and
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remaining amount of Rs. 2,22,00,000/- including the bank loan
was to be paid by the defendant at the time of delivery of the
aforesaid property and sale was to be completed on or before
12.11.2022 and defendant agreed to foreclose the bank loan on or
before 12.11.2022. It is further submitted that despite giving
undertaking to clear the bank loan for the outstanding dues of the
plaintiff, the defendant neither paid the amount to the bank nor to
the plaintiff.
It is further submitted that at the request of
defendant the time for completion of the deal was extended till
28.02.2023. It is also submitted that till 16.10.2023, a total
amount of Rs. 92,40,000/- including two loan installments has
been paid on behalf of the defendant to the plaintiff. It is further
submitted that legal notice dated 16.10.2023 was served on the
defendant calling upon her to perform her part of agreement to
sell, however, the defendant neither replied nor complied with
the said legal notice.
It is further submitted on behalf of the plaintiff that
in the intervening night of 09/10-10-2024, son of defendant
alongwith 4-5 associates having sharped edged weapons tried to
enter into the suit property unlawfully and caused disturbance
and interference in plaintiff’s peaceful possession of the suit
property. It is also submitted that the son of the defendant and his
associates threatened the plaintiff with dire consequences, if the
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suit property is not vacated within 1-2 days. It is further
submitted that the plaintiff has apprehension that the defendant
may sell, alienate, transfer or create third party interest in the suit
property without any right, title or authority for the same as well
as interfere with the peaceful possession in the suit property.
Submissions heard. Record perused.
In view of above discussion, the Court is of the
opinion that plaintiff has prima facie case in his favour as he is
the owner and in possession of the suit property on the basis of
documents filed on record. Further, the balance of convenience
also lies in favour of the plaintiff and if the defendant is not
restrained from interfering with the possession of plaintiff in the
suit property as well as restrained from creating third party
interest in the suit property, irreparable loss shall be caused to the
plaintiff. It is further seen that if defendant creates third party
interest in the suit property, it will also result in multiplicity of
litigation and proceedings. In view of the submission of the
plaintiff that the son of defendant and his associate has recently
threatened and tried the plaintiff to dispossess him from the suit
property, there appears to be a immediate urgency in the matter.
Therefore, the court is of the opinion that the suit
property bearing no. C-51, Pandav Nagar, Delhi-110092 needs to
be preserved. Thus, in the interest of justice, application under
Order XXXIX Rules 1 and 2 r/w Section 151 CPC stands
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allowed to the extent that defendant, her agents, servants,
assignees, attorney, family members etc., are restrained from
interfering in plaintiff’s peaceful possession of the suit property
and the parties to the suit are directed to maintain status quo
regarding the title and possession of the suit property till NDOH.
Plaintiff is directed to comply the requirement of
order XXXIX Rule 3 of CPC.
Let summons of the suit and notice of application
under Order XXXIX Rules 1 and 2 r/w Section 151 CPC be
issued to the defendants on filing of PF/RC, speed post, approved
courier and through all acceptable modes of services as well as
through electronic mode (Whatsapp) on the mobile number and
e-mail address of the defendant upon filing of affidavit verifying
the mobile number and e-mail address of the defendant alongwith
amended memo of parties, returnable on 20.11.2024.
As requested, copy of this order be given dasti to the
plaintiff.
(SOMITRA KUMAR)
DJ-06, EAST/ KKD COURTS
DELHI/15.10.2024 (R)
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