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2024 Supreme(Online)(P&H) 9062

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
LOON LAND DEVELOPMENT LTD – Appellant
Versus
SURAT SINGH AND OTHERS – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****

I. CR-6206-2024 (O&M)

Loon Land Development Ltd.

. . . .PETITIONER Vs.

SURAT SINGH AND OTHERS . . . . RESPONDENTS ****

II. CR-4977-2024 (O&M)

SATBIR SINGH AND OTHERS . . . .PETITIONERS Vs.

M/S LOON LAND DEVELOPMENT LTD.

. . . . RESPONDENT ****

III. CR-6378-2024 (O&M)

SURAT SINGH . . . .PETITIONER Vs.

M/S LOON LAND DEVELOPMENT LTD.

. . . . RESPONDENTS ****

Reserved on: 10.02.2025 Pronounced on: 24.02.2025 CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA Argued by:- Mr. Ashish Chopra, Sr. Advocate, with Mr. Varun Aryan Sharma, Advocate, for the pe**oner (in CRNo.6206-2024)

for the respondent (in CR-4977 & 6378-2024)

Mr. Gaurav Aggarwal, Advocate, with Ms. Pooja Kiran, Advocate, for the pe**oner (in CR-4977 & 6378-2024)

for the respondent (in CR6206-2024)

DEEPAK GUPTA, J.

This order intends to dispose of three revision pe**ons *tled above, all filed under Ar*cle 227 of the Cons*tu*on of India, arising out of civil suit N: 4333 of 2022 *tled “Loon Land Development Limited vs. Surat Singh &

Others”, pending on the board of Ld. Civil Judge (Junior Division), Gurugram.

2. While CR-4977-2024 & CR-6378-2024, filed by some of the defendants of the suit, are directed against order dated 31.05.2024 passed by Ld. Addi*onal District Judge, Gurugram, upholding the order dated 22.04.2024 of the trial Court, whereby an applica*on under Order 39 Rule 1 & 2 read with Sec*on 151 CPC for ad interim injunc*on filed by the plain*ff was allowed; on the other hand, CR-6206-2024 has been filed by plain*ff of the suit, seeking certain direc*ons to be issued to the defendants of the suit as well as to the Director General, Town & Country Planning, Haryana so as to make compliance of the direc*ons of Ld. Addi*onal District Judge, Gurugram contained in order dated 31.05.2024.

3.1 As the paper-book reveals, suit No.4333 of 2022 was filed by plain*ff company namely, M/s Loon Land Development Limited (pe(cid:27)(cid:27)oner in CR-6206-2024, and respondent in CR-4977-2024 & CR-6378-2024 herein) [in short – ‘Loon Land’] against nine sets of defendants. Pe**oners in CR-4977- 2024 herein are set of defendant No.8 comprising of three persons; whereas pe**oner in CR-6378-2024 is defendant N: 1 of the suit. Plain*ff-company is working in the field of real estate development.

3.2 Defendants are individual land owners of the land situated within the revenue estate of Village Naurangpur, Tehsil Manesar, District Gurugram, to the extent as detailed below:-

Satbir, Rajesh and Rakesh Defendant No.9 28K - 0M

3.3 Details of land individually owned by all the aforesaid defendants are given in para No.3 of the plaint. According to plain*ff, in the year 2012, collabora*on agreements were executed individually by defendants with M/s Revital Reality Pvt. Ltd. [in short – ‘M/s Revital Reality’], containing detailed terms and condi*ons. Various amounts as men*oned in collabora*on agreements were received by the defendants as non-refundable security deposit. Addendum to collabora*on agreement was also executed, indica*ng the increase in area to be alloJed to the defendants at the *me of final development of the project.

3.4 M/s Revital had obtained license bearing No.137 of 2014 dated 27.08.2014 and another license bearing No.19 of 2019 from Town and Country Planning Department, for development of residen*al ploJed colony.

3.5 As per further case pleaded by plain*ff, on 07.09.2021, M/s Revital Reality entered into assignment agreements with the plain*ff, vide which all the rights, *tle and interest of M/s Revital Reality under collabora*on agreements as well as addendum to the collabora*on agreement with the defendants, were given to the plain*ff company. Said assignment agreements executed between plain*ff-company with M/s Revital Reality was with regard to the certain extent of land of the different defendants, as per following details:

Details of above land, which is subject maJer of the present suit and referred as suit land, are given in Para N: 9 of th

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