K R DONGRA Vs. VIDYAVATI

JUDGEMENT

(1.) This order will dispose of IAs No.2534/97, 3037/97 and 3683/97.

(2.) In this suit for specific performance of the agreement to sell dated 9 December 1990 in respect of the terrace of the ground floor of the property bearing no.E-4/4, Vasant Vihar, New Delhi, and for declaration to the effect that the sale deed dated 1 March 1996 executed by defendant no.1 in favour of defendant no.3 in respect of the subject property is null and void and for permanent injunction restraining the defendants from selling, transferring, alienating or creating any third party interest in respect of the terrace rights of the ground floor and from raising any construction on the said portion of the property, the plaintiff filed IA No.2534/97 for grant of ad-interim injunction. On the said application, notice with an ex parte, ad-interim injunction order was issued on 20 March 1997 restraining the defendants from further transferring, selling, alienating or creating third party interest or otherwise altering the status quo of and from raising the construction on the terrace of the ground floor of the subject property.

(3.) On being served with the notice in the application, defendant no.3 has application (IA No.3037/97) for vacation of the said ex parte order and IA 3683/97 for a direction to the plaintiff to deposit a sum of Rs.5 lacs per month and/or give sufficient security to this court to compensate the said defendant for all losses it is likely to suffer on account of the interim injunction. The facts, in brief, necessary for the disposal of the applications, as can be culled out from the plaint, are :