Full Order Text
Order 6 · 24 Oct 2024 · CNR DLET030012872023
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: Civ Suit 679/23 SUDESH Vs. RAHUL KUMAR 24.10.2024 Present: Sh. Nitin Prakash, Ld. Counsel for plaintiff (through VC). Sh. Pramod Singh, Ld. Counsel for all the defendants except defendant no. 5. The application u/o XXXIX Rule 1 & 2 CPC has been taken up for disposal. Ld. Counsel for plaintiff has submitted that the plaintiff no. 1 and 2 are the LRs of Late Sh. Fateh Chand and have their share in suit property bearing no. 47, Aram Park, New Chandu Park, Krishna Nagar, Delhi. He has further submitted that on 30.06.2015 a settlement was reached between the parties and it was agreed to sell the suit property to a third party and to distribute the sale proceeds among the LRs. He has further submitted that the LRs of Late Sh. Anil Kumar are looking for prospective purchasers and are trying to create third party interest in the suit property. Ld. Counsel for plaintiff has submitted that the defendants have admitted in their WS in para no. 7 that they are not going to create any third party interest in the suit property. Ld. Counsel for defendant has submitted that the award of continuous Lok Adalat dated 30.06.2015 is not enforceable as all the legal heirs of late Sh. Fateh Chand were not the parties to the said award. He has further submitted that the plaintiff has already filed the execution petition which is pending before Ld. DJ/East, KKD Courts seeking enforcement of the Cont... -- 1 of 2 -- -2- award. He has submitted that on one hand the plaintiff is seeking interim injunction in the form of not to create third party rights and on the other hand he has filed the execution petition seeking enforcement of the award. I have heard the submissions and perused the record. It is not disputed that the plaintiffs also have share in the suit property being the LRs of Late Sh. Fateh Chand. However, the quantum of share is in dispute. It is necessary that the suit property be preserved during the pendency of the suit and any further transactions qua the suit property be avoided. Considering the facts and circumstances, the defendants are restrained from creating any third party rights in the suit property during the pendency of the suit. It is made clear that this order shall remain subject to the outcome of execution petition pending in the concerned court. With these directions, the application stands disposed off. At joint request of the parties, the matter is referred to Mediation Centre, KKD Courts, Delhi. The parties shall appear before the Mediation Centre, on 07.11.2024 at 02:00 p.m. The case shall be taken up in this Court for settlement (if any)/further proceedings, on 17.01.2025. (AYUSH SHARMA) CIVIL JUDGE/EAST KKD COURTS/24.10.2024 -- 2 of 2 --