MUKESH SAINI Vs. MADAN LAL SAINI

JUDGEMENT

(1.) This appeal filed under Sec. 10 of the Delhi High Court Act, 1966 impugns the order dtd. 17/10/2023 passed in I.A. No. 8173/2019 filed in CS (OS) 1169/2014, titled as 'Mukesh Saini v. Madan Lal Saini (since deceased) & Ors.' whereby the learned Single Judge dismissed the Appellant's application (i.e., I.A. No. 8173/2019) seeking permission to purchase the shares of Respondent Nos. 1.1 to 1.3 in the immoveable property bearing no. 36, Sham Nagar, Kalkaji, New Delhi ('suit property') for the same consideration, at which the said property is being sold to third parties i.e., Respondent Nos. 2 and 3 ('prospective purchasers'). The learned Single Judge further, observed that in view of dismissal of I.A. No. 8173/2019, the directions issued to Respondent Nos. 2 and 3 on 26/7/2022 in the said suit for execution of sale deed in favour of the prospective purchasers stands restored.

(2.) The Appellant is the plaintiff and the Respondent Nos. 1.1 to 1.3 are defendant nos. 2 to 4 respectively. The suit has been filed, inter alia, seeking partition of the suit property and permanent injunction.

(3.) At the outset, learned counsel for the Appellant states that the mediation proceedings initiated in pursuance of the directions issued vide impugned order have failed.