ORDER

% 14.03.2024 CM APPL. 15731/2024

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

FAO 88/2024 and CM APPL. 15730/2024—stay

3. The present first appeal under Order XLIII Rule 1 Civil Procedure Code, 1908 (“CPC”) has been filed impugning the order dated 31.03.2023 and 24.01.2024 passed by the learned Additional District Judge, South-East district, Saket Court, New Delhi (“Trial Court”), in 21 CS DJ No.66/2023 titled as “Ashish Tokas vs. Sanjeev Sharma”, whereby the learned Trial Court on 31.03.2023 passed an order of temporary injunction allowing the application under Order XXXIX Rule 1 & 2 CPC filed by the respondent herein and subsequently on 24.01.2024 application under Order XXXIX Rule 4 CPC filed by the appellant herein was dismissed. The appellant herein is the defendant before the learned Trial Court.

4. The learned counsel submits that registered sale deed executed in favour of respondent is based on a Will executed by the grandmother of the appellant herein. It is submitted that as per the conditions of Will the subject property cannot be sold to any stranger moreover, the Section 44 of the Transfer of Property Act, 1882 bars a complete stranger to take joint possession of the suit property.

5. It is submitted that the learned Trial Court while passing the impugned order has not considered these facts and has erroneously dismissed the application under Order XXXIX Rule 4 CPC.

6. On appellant taking necessary steps, issue notice to respondent through all permissible modes including via approved courier service.

7. Re-notify on 01.04.2024. SHALINDER KAUR, J MARCH 14, 2024 SDS