SUBHASH ARORA Vs. KALVINDER SINGH SANDHU & ORS

JUDGEMENT

(1.) The plaintiff has filed the present suit for specific performance, inter alia, praying as under:

(2.) Summons in the present suit and notice in the application under Order XXXIX Rule 1 &2 were issued by this Court on 25.03.2011. By an order dated 28.04.2011, defendant no1 was restrained from creating any third party interest in the suit property without prior permission of the Court and was further directed to disclose on affidavit Class-I heirs of Late Mr Kewal Singh Sandhu (father of defendant no1). Thereafter, plaintiff filed an application being I.A no 10188/2012 under O I Rule 10 r/w O VI Rule 17 seeking impleadment of Mr Sukhvinder Singh Gill, the alleged subsequent purchaser of the property in question. By an order dated 25.04.2012, Mr Sukhvinder Singh Gill was also restrained from creating any third party rights in respect of the Property. By an order dated 21.04.2014, this Court impleaded defendants no 2-5 as necessary parties being legal heirs of Late Mr Kewal Singh Sandhu. Defendant Nos.1-5 appeared initially and a Written Statement dated 15.08.2012 was filed by defendant No 1. Thereafter, Defendant Nos. 1-5 did not participate in the present proceedings and they were proceeded ex parte by an order dated 19.02.2015.By the same order, Mr Sukhvinder Singh Gill was impleaded as defendant no 6 and further, the plaint was permitted to be amended for introducing the necessary averments and amending the prayer clause. Since defendant no. 6 also did not participate in the present proceedings, he was directed to be proceeded ex parte on 26.05.2016.

(3.) Mr Subhash Arora (the plaintiff herein and hereafter referred to as 'PW1'), has filed an Affidavit affirming the averments made in the plaint.