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2023 Supreme(Del) 4535

MANOJ KUMAR OHRI
Bijender Singh – Appellant
Versus
Iqbal Singh – Respondent


Advocates appeared:
Mr. Lokesh Sawhney, Senior Advocate with Mr. Hari Kishan, Advocate, for the Appellants.
Mr. Harpreet Singh, Advocate for respondent Nos. 1 and 2.
Mr. R.K. Dhawan, Advocate for respondent no.3/DDA.

JUDGMENT

Manoj Kumar Ohri, J.

1. The present appeal has been filed under Order XLIII Rule 1 Sub Rule(I) CPC against the order dated 16.12.2022 passed by learned ADJ- 02/North, Rohini Courts, Delhi in CS/DJ NO. 290/2022 whereby appellants' application filed under Order 39 Rules 1 and 2 CPC seeking restraint on the respondents from creating any third party interest was dismissed.

2. Briefly the facts, as culled out from the records, are that the appellant/plaintiff filed the underlying suit for specific performance, declaration, mandatory and permanent injunctions. It was claimed that Late Sh. Amar Singh, (father of respondent No.1 and husband of respondent No.2) was having half share as the owner/bhumidar in the agricultural land out of total land measuring 28 bigha and 15 biswa situated in the revenue estate of Village Pooth Kalan, Delhi. The land was acquired by DDA and a recommendation was made to allot an alternate plot in favour of Amar Singh & his wife Baseri Devi vide recommendation letter no. F-33(31)/297/86/L&B/ALT/127 dated 09.01.1992. On the strength of above recommendation letter, Amar Singh and Baseri Devi executed an Agreement to Sell dated 18.04.1994 with respect to

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