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2015 Supreme(Del) 81

JAYANT NATH
Vinod Kumar – Appellant
Versus
Somnath Sachdeva – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff:Ashok Gurnami, Advocate.
For the Defendant:Prem B. Kshetri, Advocate.

Judgment

Jayant Nath, J.

IA No.19922/2013

1. This is an application under Order 39 Rule 1 and 2 CPC. The plaintiff has filed the accompanying suit seeking a Decree of possession under section 6 of the Specific Relief Act in respect of second floor portion of property No.465/1, Jheel Khuranja, Delhi-110031 of a land measuring 75 sq.yds. Other reliefs are also sought.

2. By the present application an ad interim injunction is sought to restrain the defendants from transferring, selling, parting with possession or creating third party interest in respect of the said second floor of the said property.

3. The above application came up for hearing on 9.12.2013 when notice was issued to the defendant. The defendant has filed his reply.

4. As per the averment in the plaint, it is averred that the parties entered into a collaboration agreement on 20.4.2012 relating to the said property. As per the plaint, the property was to be constructed upto the third floor after demolishing its old structure. The defendant is the owner of the property and the plaintiff is the builder. After construction, the defendant was to execute a sale deed in respect of the second and third floor with roof rights in favou






















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