Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS DJ 459/24
SUKHBIR SINGH RANA VS RAJ KUMAR SHARMA AND
ANR.
07.06.24
Fresh case received by way of assignment. It be checked and
registered.
Present: Sh R S Rana and Ms Aarti, ld counsel for plaintiff.
Let summons of the present suit alongwith notice of
application u/o XXXIX Rule 1 and 2 CPC be issued to the
defendants on filing of PF/RC, returnable for 02.07.24.
ld counsel for the plaintiff is praying for grant of
exparte interim inunction on the grounds that he has strong
apprehension that during the coming summer vacation starting
from tomorrow, the defendants may create third party
interest/part with the possession of the suit property and in case,
the defendants are not restrained from doing so, the purpose of
filing the present suit will defeat.
Heard.
The plaintiff has filed the present suit for specific
performance on the basis of the agreement to sell dated 06.02.24
and general agreement dated 31.10.2023. It is further averred in
the plaint that the plaintiff has made payment of Rs.57 Lakh out
of total consideration of Rs.1,80,00,000/-. The plaintiff has
further averred that they have come to know that the defendants
concealed the factum of suit property being mortgaged with
Cholamandalam Bank prior to entering into agreement to sell
dated 06.02.24.
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Heard. Perused.
In view of the facts and circumstances of the case
and in the interest of justice, an exparte ad-interim injunction
order is hereby passed in favour of the plaintiff and against the
defendants whereby the defendants are restrained from creating
any third party interest and/or parting with the possession of the
suit properties i.e. Build up entire Third Floor with roof rights,
part of free hold property bearing no.60-61, land area measuring
50.50 sq mtrs each, (total 101 sq mtr), in Block and Pocket B-8,
Sector 11, situated in layout plan C of Rohini Residential
Scheme, Rohini, Delhi 110085, till the NDOH i.e. 02.07.24.
Plaintiff to comply with the provisions of Order
XXXIX Rule 3 CPC.
Process be given
dasti, as prayed.
(Kishor Kumar)
DJ-04, North, Rohini Courts,
Delhi/07.06.24.
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