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2007 Supreme(Del) 1051

SANJAY KISHAN KAUL
CE CONSTRUCTION LTD. – Appellant
Versus
DURGA BUILDERS PVT. LTD. – Respondent


Advocates Appeared:
A.M.SINGHVI, A.T.PATRA, G.Juneja, JAYANT MEHTA, N.Malhotra, R.S.Endlaw, SHIV KUMAR


SANJAY KISHAN KAUL, J.

( 1 ) THE plaintiffs have filed the present suit making the following prayers:

"a)Pass a decree of declaration to the effect that the agreement to sell dated 30. 4. 1993 executed between the defendant No. 1 to 3 and defendant No. 4 is null and void. b)Pass a decree of declaration in favour of the plaintiff and against the defendants declaring that the decree dated 28. 3. 2003 passed in Suit No. 749 of 1994 is a nullity in the eyes of law and the same is not binding upon the plaintiff in any manner and the said decree be cancelled. A direction may also be issued to the Revenue Authorities to de-mutate the mutation if any effected in favour of the Defendant No. 4 in respect of the suit property. c)Pass a decree of permanent injunction permanently restraining the defendants and/or every other persons acting on their behalf including their agents, attorneys, accomplices and servants from interfering with the actual possession and renovation/construction of the plaintiff in respect of the suit property and restraining them from creating any further any charge, encumbering or third party right pursuant to the passing of the decree dated 28. 3. 2003, in respect of




































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