Interim Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS DJ 301/23
MADAN LAL Vs. SANJEEV RAWAL
21/07/2025
Present : Sh. Neeraj Dahiya, Ld. Counsel for plaintiff.
Sh. S.B. Handa and Sh. Shiva Handa, Ld. Counsels for
defendant.
Previous cost of Rs. 2,500/- has been paid to defendant no. 1
who is present in the Court.
Ld. Counsel for the defendant presses his application under
Order VII Rule 11 CPC dated 20/11/2023 for rejection of plaint.
It is argued by Ld. Counsel for the defendant that plaintiff has
filed suit for possession, declaration and permanent injunction. Plaintiff
relied upon Agreement to Sell dated 10/03/1980 executed by Sh. Ram
Kishan Gupta on behalf of three brothers in favour of the plaintiff.
It is argued that Agreement to Sell does not confer any title
upon the plaintiff and the suit of the plaintiff is barred impliedly under
Section 54 of Transfer of Property Act. Reliance is placed upon case titled as
“The Correspondence, RBANMS Educational Institution Vs. B. Gunashekar
& Anr.”, decided by Hon’ble Supreme Court on 16/04/2025.
Ld. Counsel for the plaintiff seeks time to go through the cited
judgment and prepare.
At request of Ld. Counsel for the plaintiff, to come up for
reply to the submissions raised on behalf of defendant and for consideration
of application under Order VII Rule 11 CPC on 17/09/2025.
(VIKRAM BALI)
DISTRICT JUDGE-02/NORTH/ROHINI
DELHI/21/07/2025
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