JUDGMENT :

Anil Kshetarpal, J.

1. Defendant No.1 (mortgagee and financer) assails the correctness of order passed by the Civil Court on 01.11.2019, while dismissing the application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as the ‘CPC’) read with Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the ‘2002 Act’) and allowing application filed by the plaintiffs for grant of temporary injunction restraining defendant No.1 and 2 (the mortgagee) from taking steps to sell the property in accordance with the provisions of 2002 Act.

2. In order to comprehend the issue involved in the present case, the relevant facts, in brief, are required to be noticed.

3. The plaintiffs Sh. Jaspreet Singh and Sh. Harpreet Singh sons of Sh. Sarwan Singh sold the property vide sale deed dated 16.07.2015 for a total sale consideration of Rs.24,00,000/- in favour of Smt. Pooja Sharma (defendant No.4 in the suit). Thereafter, Smt. Pooja Sharma (vendee) and her husband (defendant No.3) availed three loans from the petitioner by mortgaging the property (residential house) in t