Once a party submits to the jurisdiction of the DRT and suffers an order, they cannot pursue their remedy before the Civil Court.

JUDGMENT

Gaurang Kanth, J.

1. The Appellants are aggrieved by the impugned Judgement & Decree dated 10.04.2023 (`Impugned Judgment') passed by ADJ- 04 (East), Karkadooma Courts, New Delhi in Suit No.2977/2016 (Old No. 1093/2015) titled as Vishal Aggarwal & Anr. Vs Union Bank of India & Ors..

2. Learned Trial Court, vide the impugned Judgment was pleased to dismiss the `Suit for declaration, Permanent injunction & other reliefs' filed by the Appellants against the Respondents.

BRIEF FACTS RELEVANT FOR THE PRESENT APPEAL ARE AS FOLLOWS:

3. Respondent Nos.11 & 12 (husband and wife) were the absolute owners of Property bearing No. R-82/5, Ramesh Park, Laxmi Nagar, Delhi-110092 built on plot of land measuring 147.5 sq. yards, consisting of ground, first, second, third, fourth and the terrace floor (`Suit Property'). Respondent Nos.8, 9 &10 are the proprietorship firms of Respondent No.11.

4. The father of the Appellants, Late Sh. Rajinder Kumar Aggarwal purchased the Ground floor of the suit property from Respondent Nos. 11 & 12 by virtue of the Agreement of Sale, registered Special Power of Attorney, registered General Power of Attorney, Affidavit, Money receipt, Registered Will, undertaking, Possession Certificate all dated 30.06.1993 for a total sale consideration of Rs.3,25,000/-. Since then, the Appellants through their father were running their business activities of sale of garments from the ground floor of the suit property.

5. Respondent Nos.11 & 12 had revoked the registered GPA executed in favour of Late Sh. Rajender Kumar Aggarwal vide revocation/cancellation deed dated 07.02.1995. The disputes between the parties led to the filing of CS (OS) No. 1788/1995 titled as Mrs. K.P Nambiar Vs Rajender Aggarwal & Ors.. Later, the said suit was compromised between the parties therein vide compromise decree dated 23.04.1997. As per the compromise entered between the parties, respondent Nos.11& 12 executed registered sale deeds dated 29.01.1998 qua the ground floor of the suit property in favour of the Appellants.

6. Respondent Nos. 8-12, as principal borrowers and guarantors, took various loans and availed credit facilities from Respondent Nos. 1-7 banks by mortgaging the suit property, the details of which are as follows:

7. It is the contention of the Appellants that they were bonafide purchasers of the ground floor of the suit property and they were enjoying peaceful uninterrupted possession of the same since the year 1993.

8. All of a sudden, the Appellants received a notice dated 05.10.2007 under Section 13(4) of "The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002" (`SARFAESI Act, 2002') in respect of the suit property. The Appellants immediately approached the learned Debt Recovery Tribunal in SA No. 08/2008 titled as Vishal Aggarwal Vs Union Bank of India. The said objections were dismissed by the learned DRT vide Judgement dated 04.05.2012. The Appellant preferred an Appeal bearing No. 450/2012. During the pendency of the said Appeal, the learned DRT allowed the Original Application filed by Respondent No.1. In view of the same, the learned Counsel app