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2006 Supreme(Del) 2002

MUKUNDAKAM SHARMA, HIMA KOHLI
Sheela Gehlot – Appellant
Versus
Sonu Kochar – Respondent


Advocates appeared:
Represented by Mr.P.K. Aggarwal, Advocate
Represented by Mr.Amit Sibal with Mr.Gaurang Kanth, Advocates for respondents No.1 to 3 Ms.Geeta Luthra with Ms.Aanchal Mullick, Advocates for respondent No.4.

DR. MUKUNDAKAM SHARMA, J

1. This appeal is filed by the appellant / plaintiff and is directed against the order dated 6th September, 2006 passed by the learned Single Judge dismissing the application of the appellant / plaintiff filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, which was registered as CM No.3769/2005. The aforesaid appellant / plaintiff filed the suit for specific performance of the agreement to sell allegedly entered into between the appellant / plaintiff and the respondents / defendants No.1 and 2 in respect of the property No.60, Poorvi Marg, Vasant Vihar, New Delhi measuring 819 sq. yds. or, in the alternative, for recovery of damages in respect of the said property. Along with the suit the appellant / plaintiff also filed an application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure for an ad interim injunction in respect of the aforesaid suit property. An interim order was also granted on the said application by the learned Single Judge on 11th May, 2005 directing for maintenance of status quo to be maintained in respect of the suit property. The said application along with the suit was listed subse





















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