V.K. Shali, J.

I.A. No.17960/2011 (under Section 151 CPC by the plaintiff)

1. The question to be decided by this order (in I.A. No.17960/2011) is as to whether the plaintiff company is to be given permission for the purpose of raising construction on the property bearing No.61, Golf Links, New Delhi (hereinafter referred to as the suit property), which was agreed to be sold by D-1 to D-4 to the plaintiff vide agreement to sell dated 29.07.2005. This permission is sought by the plaintiff after having filed an undertaking that in case such a permission is granted, he shall not claim special equities in respect of the construction so raised on the plot in the event of suit being decided against them. A direction to L&DO is also sought to give a ‘No Objection Certificate’ to the plaintiff to carry out the construction.

2. Briefly stated the facts of the case leading to the filing of the present application (as averred in the plaint) are that Bhai Manjit Singh (HUF), D-1, is a Hindu Undivided Family, Mrs. Maheep Manjit Singh, D-2, wife of Bhai Manjit Singh, Vikramjit Singh, D-3, Mohanjit Singh, D-4 and Bhai Manjit Singh, D-5, father of D-3 & D-4. The D-2 to D-4 are the members