INDIABULLS FINANCIAL SERVICES LTD Vs. CHANDRADEEP SINGH BHURJI

JUDGEMENT

(1.) By the present petition the petitioner seeks to impugn the order dated 1.5.2012 passed by the trial Court in Execution Petition. The brief facts which led to filing of the petition are that the respondent filed a suit for mandatory injunction against the petitioner seeking directions to the defendant to return back all the original title deeds alongwith complete chain of property 3-B/77 Vishnu Garden, Delhi. The suit was filed as the petitioner had disbursed a housing loan of Rs.6,75,000/- to the respondent subject to mortgage of original title deed. The respondent is said to have made full and final payment and hence sought the original title deeds back which request the petitioner was unable to comply with.

(2.) In the above facts on 15.4.2011 the trial Court under Order 12 Rule 6 CPC passed a decree of mandatory injunction in favour of the respondent and against the petitioner directing the petitioner to hand over the full set of documents back to the plaintiff.

(3.) It is the averment of the petitioner that this order was passed ignoring that in the written statement the petitioner had clearly stated that the documents of the respondent had got misplaced somewhere in the office of the petitioner.