SATISH MOHAN AGARWAL Vs. SANJEEV KUAMR ARORA

JUDGEMENT

(1.) This is an appeal filed by the appellant, who was the plaintiff, before the learned Trial Court, preferred under Order XLIII Rule 1 (a) of the Civil Procedure Code, 1908[CPC] assailing the order dtd. 22/11/2021 passed by the learned ADJ-09, Central, Tis Hazari Courts, Delhi, whereby the plaint has been directed to be returned under Order VII Rule 10 CPC for presentation before the appropriate Court having pecuniary jurisdiction".

(2.) Shorn of unnecessary details, the plaintiff along with respondent Nos. 5 & 6 filed a Civil Suit bearing No. 18108/2016 titled as "Satish Mohan Aggarwal v. Sanjeev Kumar Arora & Ors" claiming that he along with respondent Nos. 5 & 6 in the present appeal viz. (defendant Nos. 5 & 6 in the suit) were co-owners of property bearing Nos. 1595 to 1600 situated at Main Bazar, Pahar Ganj, Delhi- 110055 measuring 346 Sqr. Yards (hereinafter referred to as suit property").

(3.) Admittedly, the said property was sold to respondent Nos. 1 to 4 viz. (defendant No. 1 to 4 in the main suit) for a total consideration of Rs.262.50 lakhs. It is the version of the appellant / plaintiff that there was a pre-condition that the suit property would be get vacated from the occupants, and additionally since the property was mortgaged with State Bank of Patiala on account of financial assistance taken by the aforesaid vendors/co-owners, the vendee / buyers shall satisfy the claim of the bank, and accordingly, all six sale deeds were executed in favour of the vendee/respondents no. 1 to