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2015 Supreme(Del) 3752

MUKTA GUPTA
Bundu – Appellant
Versus
Shah Alam – Respondent


Advocates:
For the Petitioner:Mr. Dinesh Kumar, Advocate.
For the Respondent No. 2:Mr. M.U. Khan, Advocate.

JUDGMENT :

Mukta Gupta, J.

1. The Petitioner/Plaintiff had filed a suit before the learned Trial Court seeking specific performance of an Agreement to Sell of immovable property executed by Respondent/Defendant No. 1 in favour of the Petitioner.

2. It was the case of the Petitioner in the plaint that the Respondent No. 1 had, in pursuance to the Agreement to Sell, put the Petitioner into possession of the property. Along with the suit, an application under Order 39 Rule 1 and 2 CPC was filed wherein the learned Trial Court passed an order dated 31st March, 1989 directing the parties to maintain status-quo in respect of property bearing Stall No. 5, situated at Bengali Market, New Seema Puri, Shahdara, Delhi. The Petitioner claimed that he was dispossessed from the property and on an application of the Petitioner under Order 39 Rule 2A CPC the Respondent No. 1 was held guilty and warrants of his arrest were issued. An order directing the Petitioner to be put back into possession of the property was also passed vide order dated 19th February, 2009 and warrants of possession of the suit property were issued on 2nd May, 2009. The Respondent No. 2 filed objections against the order dated










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