ABHA ARORA Vs. ANGELA SHARMA

JUDGEMENT

(1.) The plaintiff was the absolute owner of the property bearing no. F-18 Geetanjali Enclave, New Delhi pursuant to a perpetual sub lease dated 16.12.1970. The present suit for was filed by the plaintiff seeking a permanent and mandatory injunction against the defendants to restrain them from entering the suit property and to direct defendant no. 1 to permanently quit the suit property.

(2.) Defendant no. 2 is the son of the plaintiff and defendant no. 1 is her daughter in law and the present suit is a result of souring of relations between the plaintiff and her daughter in law. The dispute is really one between the plaintiff and defendant no. 1.

(3.) Issues in the suit were framed on 06.03.2007 and the matter was set down for trial. Defendant no. 1 was restrained from entering the suit property by an ad interim order dated 05.12.2006 and the application for setting aside the same was dismissed on 10.01.2007. An appeal was filed against the said order which was disposed of by a division bench of this court on 19.03.2007 with the direction to appear before this court to pursue the suit in accordance with law as the counsel for respondent no. 1 (plaintiff herein) stated that the suit property had been sold and the appeal had thus become infructuous. The suit property is stated to have been sold vide a sale deed executed and registered in favour of the purchaser on 11.03.2007.