MONICA GOGIA Vs. M/S. RSS ESTATE LLP

JUDGEMENT

(1.) An Application under Order XXXIX Rule 1 And 2 Code of Civil Procedure, 1908 ('CPC' hereinafter) has been filed by the plaintiff and Application under Order XXXIX Rule 4 CPC has been filed on behalf of the defendants for vacating the ex-parte ad-interim Orders dtd. 9/3/2024.

(2.) Briefly stated, the plaintiff had instituted the aforesaid suit for cancellation of Agreement to Sell dtd. 22/1/2024 and the consequent purported two Sale Deeds dtd. 23/2/2024 executed with defendant No.1 in respect of the suit property and for Permanent Injunction for restraining the defendants from selling or parting with possession of the suit property.

(3.) As stated in the plaint, the plaintiff is a sole and absolute owner of the Agricultural Land measuring 4 bighas (4032 sq. yards) bearing Mustatil No. 33 Killa No. 17 min (4-0) situated in the Revenue Estate of Village Mehrauli, Tehsil Mehrauli, New Delhi (hereinafter referred to as the 'suit property') which is a part of the Agricultural Land admeasuring 12 bighas and 02 biswas Killa No. 17 min(4-0) situated in the Revenue Estate of Village Mehrauli, Tehsil Mehrauli, New Delhi (hereinafter referred to as the 'entire property'). The applicant/plaintiff had acquired the entire property from HDFC Ltd. by way of a Public Auction in furtherance of which the Sale Certificate dtd. 12/5/2020 bearing Document No. 2030 and Additional Book No. I, Volume No. 3332 registered with the Office of Sub-Registrar, New Delhi, has been issued.