Order 11

Order Details: COPY OF ORDER
Pdf Text: 9
CS DJ 926/23
CHHAYA CHOUDHARY Vs. ROSHNI DEVI
09.10.2024
Present : Sh. Sahil Goel, ld counsel for plaintiff.
Ms. Rupa Sharma, proxy counsel for defendant no. 1
and 2.
Replication to the written statement of defendant no.
1 and 2 has been filed online. Its hard copy is placed on file.
Pleadings are stated to be complete. Submissions
heard on the settlement of issues.
From the submissions and pleadings of the parties,
following issues are framed:-
(1) Whether there was any oral agreement between
the plaintiff and defendant no. 1 for sale and purchase of 3 shops
bearing no. 2, 3 and 4 having area measuring 7.5’x10’
approx(each) at Ground Floor (without roof rights) of property
bearing no. 204, Block B, B-204, Sector 1, situated in Avantika,
Rohini, Delhi 110085 as claimed by plaintiff? OPP
(2) Whether the plaintiff paid an amount of Rs. 4
lacs as earnest money towards oral agreement to the defendant
no. 1 on 02.07.2023 as claimed? OPP
(3) Whether the written agreement was executed in
favor of plaintiff by defendant no. 2 on behalf of defendant no. 1
on 03.07.2023 in line of oral agreement dated 02.07.2023? OPP
(4) Whether the plaintiff is ready and willing to
perform her part of the said agreement? OPP
(5) Whether the plaintiff is entitled for decree of
-- 1 of 2 --
specific performance of oral agreement dated 02.07.2023 or
written agreement dated 03.07.2023? OPP
(6) Whether the plaintiff is entitled for decree of
permanent injunction as claimed? OPP
(7) Whether the plaintiff is entitled for the decree of
mandatory injunction as claimed? OPP
(8) If plaintiff is not found entitled for decree of
specific performance then is she entitled for alternative relief of
decree of damages/compensation to the tune of Rs. 36 lacs with
interest as claimed? OPP
(9) Whether the plaintiff is entitled for decree of
mandatory injunction as per prayer clause (h)? OPP
(10) Relief
No other issue arises or pressed for. The counsels
appearing for the parties stated that there is no likelihood of the
settlement of matter between the parties at this stage, as such,
there is no use of referring the parties to adopt ADR means. List
of witnesses be filed within 15 days by the parties.
Put up for plaintiff's evidence on 15.02.2025.
(SUNIL CHAUDHARY)
DJ-04, North West,
Rohini Courts, Delhi
09.10.2024
-- 2 of 2 --