Judgment

Mr. Anil Kshetarpal, J.

Through this revision petition, the defendants assail the correctness of the orders passed on 17.05.2016 and 28.03.2017. During the course of arguments, the learned counsel representing the petitioner, upon realizing the law laid down in Gurdial Singh v. Raj Kumar Aneja (2002) 2 SCC 445 has given up challenge to the order dated 17.05.2016. However, he still wishes to press the revision petition while challenging the order dated 28.03.2017.

2. In order to comprehend the issue involved in the present case, the relevant facts, in brief, are required to be noticed. The undisputed facts are that late Sh.Baljeet Singh along with his mother, brother and sister had executed an agreement to sell in favour of the respondent (plaintiff)-M/s Elite Realtech Private Limited on 13.04.2010 with respect to the land measuring 4 kanals on receipt of earnest money of Rs.10,50,000/- out of the total sale consideration of Rs.85,00,000/-. In the year 2011, the plaintiff (respondent herein) filed a suit for the grant of decree of permanent injunction restraining the defendant from alienating the property in any manner and for the grant of mandatory injunction directing the d