Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 23 CS DJ 836/23
RAHUL GARG Vs. JAG PRAVESH CHANDRA AND ORS
31.01.2026
Present: Sh. Kailash Sharma counsel for the plaintiff.
Sh. R.K.Gautam, Ld counsel for the defendant no.3.
Sh. Sunil Dahiya, counsel for defendants no. 1 & 2.
It is submitted by counsel for plaintiff that plaintiff is not
pressing his prayer for specific performance of agreement to sell
dated 19.06.2023, prayer clause (ii) of permanent injunction and
prayer clause (iii). It is submitted that the said prayers be dismissed
as withdrawn. It is submitted that plaintiff is only pressing the
alternate relief of money decree for refund of the part sale
consideration amount of Rs. 4,43,000/- against the defendant with
interest.
In view of the submissions of counsel for plaintiff, the
prayers for specific performance, prayer clause (ii) and (iii) are
dismissed as withdrawn.
On the basis of the pleadings of the parties and other
material available on record, following issues are settled:
1. Whether the present suit is without any cause of action?
OPD.
2. Whether the plaintiff is entitled for refund of part sale
consideration of Rs. 4,43,000/- if so, interest at what rate and
for which period? OPP
3. Relief.
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No other issue either arises or has been pressed for.
Let list of witnesses alongwith affidavit of the
witnesses ought to be examined by both the parties be filed within
15 days from today with advance copy to each other.
Put up for PE on 06.04.2026.
(KIRAN GUPTA)
DJ-02/(N-W), Rohini Courts
Delhi/31.01.2026
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