Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: AMIT MATHUR
VS.
CHANDER KALAN
27.03.2023
Fresh suit has been received by way of assignment. It be
checked and registered as per law.
Present : Sh. Vineet Rana, Ld. Counsel for the plaintiff.
Heard. Perused.
Issue summons of the suit for settlement of issues to
the defendant on filing of PF and RC/speed post returnable on
next date of hearing. PF be filed within 07 days from today.
The defendant is directed to file his written
statement within 30 days from the date of service of the
summons. Endorsement be made on the summons accordingly.
Ld. Counsel for the plaintiff has pressed upon the
application u/o 39 rule 1 and 2 CPC. He submits that there is an
apprehension that the defendant may create a third party interest
in the suit property. Hence, an injunction is sought regarding the
same.
Record perused.
It is the case of the plaintiff that the defendant is the
owner of the suit property i.e. land measuring 9 bigha and 1
biswa situated in Khasra no. 72/2/2 (4-5), 72/3 (4-16) situated at
Village Nijampur, Delhi. She had agreed to sell this property to
the plaintiff vide an Agreement to Sell dated 10.07.2017 for a
total consideration amount of Rs. 37,70,834/-. On that day, the
plaintiffs paid an earnest money of Rs. 4,00,000/- to her from
their bank accounts. It was agreed that the defendant shall obtain
the NOC/ permission from the concerned authority for execution
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of the Sale documents in the favour of the plaintiff within a
period of 03 years. The plaintiffs requested the defendant time
and again to comply with her part of the agreement. A legal
notice was also issued by the plaintiffs to the defendant on
21.12.2022 to this effect. The plaintiffs are always willing to
comply with their part of the agreement and they have the
necessary funds for the payment of the remaining consideration
amount. However, the defendant has been evading the plaintiffs.
Further, there is an apprehension that the defendant may sell the
property to some other person. Hence, an ad interim stay is
sought.
Ld. Counsel has placed on record the copy of the
Agreement to Sell and the bank account statements of the
plaintiffs showing the transfer of the earnest money and the fact
that they are financially capable to perform their part of the
agreement.
Considering the facts and circumstances, prima
facie, balance of convenience lies in the favour of the plaintiff.
Hence, the defendant is restrained from creating any third party
interest in the suit property i.e. land measuring 9 bigha and 1
biswa situated in Khasra no. 72/2/2 (4-5), 72/3 (4-16) situated at
Village Nijampur, Delhi till the NDOH.
Provisions of under Order 39 rule 3 CPC be
complied with.
Put up for further proceedings on 19.07.2023.
Order be given dasti.
(RUCHIKA SINGLA)
ADJ-03 (N/W)
Rohini Courts :Delhi/27.03.2023
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