Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 7 CS SCJ 133/25
SMT. SANTOSH Vs. SH. KRISHAN KUMAR
22.03.2025
Present: Sh. Kamal Kishor, Ld counsel for plaintiff with
plaintiff.
Sh. Mohit Kaushik, Ld proxy counsel for
defendant with defendant.
Adjournment is sought by Ld proxy counsel for
defendant stating that main counsel is hospitalized due to
abdomen issue since 10.3.2025. Medical documents are
supplied and same are taken on record.
At this stage, Ld counsel for plaintiff presses his
application u/o 39 rule 1 & 2 CPC and stated that the
defendants are raising construction in the property of the
plaintiff and are trying to amalgamate the property of the
plaintiff in their property. It is stated that the rights of the
plaintiff would be severely effected, if the injunction is not
granted.
Upon inquiry as to how the plaintiff is the owner
of the suit property, it is stated by Ld counsel for plaintiff that
the plaintiff had purchased the property from one Bhoop
Singh and the said Bhoop Singh had purchased the property
from one Ms. Seema Gupta. Upon further inquiry as to how
the said Ms. Seema Gupta was the owner of the property, it is
stated by the Ld counsel for plaintiff that the plaintiff had
applied for documents but could not yet received the same.
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2
Admittedly, the documents in favour of Sh. Bhoop Singh
executed by Ms. Seema Gupta and in favour of plaintiff
executed by Sh. Bhoop Singh, are not the sale documents but
are GPA, Agreement to Sell, Will. The suit property is stated
to be a vacant land. It is settled position that the possession of
vacant land lies with the owner of the property and
considering the facts that the plaintiff has not placed on
record the complete chain of documents and that the
documents, filed, are not sale documents and do not confer
title, it cannot be accepted that the plaintiff is in possession of
the property.
In view of the above said discussion, the
plaintiff has failed to show a prima facie case in his favour.
Accordingly, application u/o 39 rule 1 & 2 CPC
stands dismissed.
At this stage, Ld counsel for plaintiff submits
that time be granted for filing complete chain of documents
on record. The plaintiff is at liberty to move an appropriate
application in this regard.
Be put up for further proceedings on
31.05.2025.
(Nitish Kumar Sharma)
JSCC/ASCJ/GUDN. JUDGE
North Rohini, Courts,Delhi/22.03.2025
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