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2024 Supreme(Del) 499
IN THE HIGH COURT OF DELHI AT NEW DELHI
Neena Bansal Krishna, J.
Monica Gogia - Appellant
Versus
M/s R. S . S . Estate Llp & Anr. - Respondents
CS(OS) No. 202 of 2024
Decided On : 09-03-2024
Mr. Gopal Jain, Sr. Advocate with Mr. Saket Sikri, Advocate, Mr. Arjun Syal, Advocate, Ms. Mehaak Jaggi, Advocate, Mr. Shreyan Dass, Advocate, Mr. Randeep Sachdeva, Advocate, Mr. Raghuveer Kapur, Advocate, Mr. Rohit Kumar Advocate and Mr. Vaibhav Luthra, Advocates, for the Plaintiff; None, for the Defendants
IMPORTANT POINT
Prima facie case for staying construction and providing access to plaintiff's property.
Headnote:
Exemption - Suit for Cancellation and Permanent Injunction - CPC, 1908 - Section 151, Order XXXIX Rules 1 & 2 - Section 26 Rule 9
Fact of the Case:
The plaintiff filed a Suit for Cancellation and Permanent Injunction seeking relief against the defendants for fraudulent sale of agricultural land and construction of a wall blocking access to the property. The court granted an ex parte ad-interim order restraining the defendants from alienating the property and directed them to provide access to the plaintiff's property.
Finding of the Court:
The court found that the plaintiff had prima facie case for staying construction on the property and directed the defendants to provide access to the plaintiff's property, maintaining status quo till further orders.
Issues: Fraudulent sale, construction blocking access, prima facie case for staying construction, access to plaintiff's property.
Ratio Decidendi: The court found that there was a prima facie case for staying construction and directed the defendants to provide access to the plaintiff's property, maintaining status quo till further orders.
Final Decision: The court granted the ex parte ad-interim order and directed the defendants to provide access to the plaintiff's property, maintaining status quo till further orders.
JUDGMENT
I.A. 5650/2024 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
CS(OS) 202/2024
3. The present Suit for Cancellation and Permanent Injunction has been filed on behalf of the plaintiff seeking following reliefs: -
'a. Pass a decree in favor of the Plaintiff and against the Defendants thereby cancelling the Agreement to Sell dated 22.01.2024 with respect to the Agricultural Land measuring 4 bighas i.e 4032 sq. yds, bearing Mustatil No. 33, Killa No. 17 min(4 - 0) situated in the revenue estate of Village Mehrauli, Tehsil Mehrauli, New Delhi;
b. Pass a decree in favor of the Plaintiff and against the Defendants thereby cancelling the purported Sale Deed executed for the Agricultural Land measuring 4 bighas i.e 4032 sq. yds, bearing Mustatil No. 33, Killa No. 17 min(4 - 0) situated in the revenue estate of Village Mehrauli, Tehsil Mehrauli, New Delhi;
c. Pass a Decree of Permanent Injunction in favor of the Plaintiff and against the Defendants thereby restraining the Defendants, their agents, attorneys, assignees from alienating, disposing, selling off or part with possession of Suit Property;
d. Pass a Decree of Permanent Injunction in favor of the Plaintiff and against the Defendants thereby restraining the Defendants, their agents, attorneys, assignees from entering into of Suit Property;
e. Pass a Decree awarding costs of the instant suit along with legal costs in favor of the Plaintiff and against the Defendants.'
4. Issue summons.
5. On taking steps, let summons be issued on the defendants through ordinary and electronic modes, returnable on 13.03.2024.
I.A. 5646/2024 (u/O XXXIX Rules 1 & 2 r/w Section 151 of CPC, 1908)
6. By way of present application, the applicant/plaintiff seeks the following reliefs: -
'a. Pass an Ex Parte Ad-Interim Order restraining the Defendants, their agents, attorneys, assignees from alienating, disposing, selling off or part with possession with the Suit Property, as defined in the accompanying Suit, till the pendency of the present Suit;
b. Pass an Ex Parte Ad-Interim Order restraining the Defendants, their agents, attorneys, assignees from carrying out any kind of construction on the Suit Property, as defined in the accompanying Suit, till the pendency of the present Suit;
c. Pass an Ex Parte Ad-Interim Order restraining the Defendants, their agents, attorneys, assignees from blocking the ingress and egress of the Plaintiff and her family to the Entire Property as the sole entrance to the Entire Property is vested in the Suit Property, till the pendency of the present Suit;
d. Pass an Ex Parte Ad-Interim Order restraining the Defendants, their agents, attorneys, assignees from entering into of Suit Property, as defined in the accompanying Suit, till the pendency of the present Suit;
e. Pass an Ex Parte Ad-Interim Order restraining the Defendants, their agents, attorneys, assignees from forcefully dispossessing the Plaintiff and her family from Suit Property, as defined in the accompanying Suit, till the pendency of the present Suit.'
7. Briefly stated that the applicant/plaintiff is the sole and absolute owner of the Agricultural Land measuring 4 bighas (4032 sq. yards) bearing Mustatil No. 33 Killa No. 17 min (4-0) situated in the Revenue Estate of Village Mehrauli, Tehsil Mehrauli, New Delhi (hereinafter referred to as the 'suit property') which is a part of the Agricultural Land admeasuring 12 bighas and 02 biswas Killa No. 17 min(4-0) situated in the Revenue Estate of Village Mehrauli, Tehsil Mehrauli, New Delhi (hereinafter referred to as the 'entire property').
8. It is asserted that the applicant/plaintiff had acquired the entire property from HDFC Ltd. by way of a Public Auction in furtherance of which the Sale Certificate dated 12.05.2020 bearing Document No. 2030 and Additional Book No. I, Volume No. 3332 registered with the Office of Sub-Registrar, New Delhi, has been issued.
9. The defendant No. 1, M/s RSS Estate LLP with whom the applicant/plaintiff had
