POLOTRIPS INDIA PVT. LTD. Vs. KARNATAKA BANK LIMTED

JUDGEMENT

(1.) The question arising for consideration in this judgment is whether the plaintiff herein can maintain before Courts in Delhi, the present suit for specific performance with respect to the suit property located in the State of Haryana in view of Sec. 16 of Code of Civil Procedure, 1908 ('CPC') which reads as under :

(2.) The present suit has been filed seeking specific performance of the Agreement to Sell ('ATS') dtd. 10/11/2021 and the Addendum dtd. 16/4/2022 as well as permanent and mandatory injunctions concerning Industrial Land and Building situated on Plot No. 174, measuring 5720.10 sq. mtrs., Sector-4, Bawal, District Rewari, Haryana ('suit property').

(3.) It is stated in paragraph 34 of the plaint that the suit property is in the possession of defendant no. 5 i.e., Indian Bank, Sector-4, Rewari Branch, State of Haryana and in prayer (b), the plaintiff has sought a decree of mandatory injunction against defendant no. 5 for handing over the title documents and physical possession of the suit property to the plaintiffs.