ANIL KUMAR DABAS Vs. KHAZAN & ORS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India impugns the orders passed by the trial court on 11.1.2011 and 29.1.2011 by which only an injunction order was passed in favour of the petitioner/plaintiff restraining the respondent no.1/defendant no.1 from creating any third party interest in the suit property being plot no.88, Pocket No.10, Block No.B, Sector 23, Dwarka, New Delhi admeasuring 80 sq. yds. and petitioner/plaintiff was not successful in getting a direction for the DDA to deposit the original title deeds of the suit property in the Court. The subject suit is a suit for specific performance.

(2.) On behalf of the petitioner/plaintiff, it was argued that since the petitioner/plaintiff has deposited the entire sale consideration with the DDA/respondent no.4/defendant no.4, if the title documents are executed in favour of the respondent no.1/defendant no.1 by the defendant no.4/DDA, and these title documents are handed over to the defendant no.1/respondent no.1 by the defendant no.4/DDA, grave prejudice will be caused to the petitioner/plaintiff in the suit for specific performance because there is a chance of misuse of the title documents by the defendant no.1/respondent no.1 who is acting illegally and unfairly in refusing to execute the sale deed of the suit property in favour of the petitioner/plaintiff.

(3.) I may note that impugned orders were passed at the stage when the suit was at the stage of service of the defendants i.e injunction application filed by the petitioner/plaintiff was still pending.