CS (OS) No.1730/2010

1. On 8.5.2012, this Court had framed a preliminary issue which reads as under:-

“1.Whether the civil Court has no jurisdiction to entertain the present suit on account of Section 34 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002? OPD”

Arguments were heard on the said issue.

2. The present Suit is filed by the plaintiff seeking a decree of declaration holding that the Sale Deeds dated 15.4.2005 and 29.6.2005 in favour of Late Chander PrakashAggarwal deposited with defendant No.1/ICICI Bank Limited (previously The Bank of Rajasthan Ltd) and Punjab National Bank/defendant No.2 respectively and other related documents relating to property No.A-59, Shankar Garden, New Delhi are forged and fabricated and do not pertain to the said property and that the sale deed dated 11.2.1986 of the plaintiff related to the said property are genuine and to declare that the plaintiff is the absolute owner of the said property and has nothing to do with the loan granted by defendants No.1 and 2 to late Shri Chander Prakash Aggarwal.

3. As per the plaint it is averred that the plaintiff is the owner and in possession