SANJAY KAPOOR S/O LATE V.N. KAPOOR Vs. KIRYANA COMMITTEE (REGD.) THROUGH AUTHORIZED REPRESENTATIVE, SH. RAKESH KUMAR BHATIA AND MR. R.C. KAPOOR

JUDGEMENT

(1.) APPELLANT has filed this appeal against order dated 15th January, 2009, passed by Additional District Judge, Delhi, vide which his application under Order 39 Rule 4 of Code of Civil Procedure (for short as 'Code') was dismissed, whereas, application under Order 39 Rules 1 & 2 of the Code, filed by respondent No. 1 was allowed.

(2.) BRIEF facts of this case are that appellant is having a decree dated 31st August, 2004 on the basis of suit for specific performance filed by him against Sh. Gagan Raj Kapoor on the basis of an agreement to sell dated 10th November, 1999 executed by said Gagan Raj Kapoor. In the suit, respondent No. 1 has challenged the judgment and decree dated 31st August, 2004 passed by the court of Sh. D.S. Pawaria, the then Additional District Judge, Delhi, in suit No. 207/04 on the ground that the same has been obtained by fraud and collusion and as a consequence thereof, sale deed dated 15th February, 2008 was also challenged.

(3.) ON 19th November, 1999, father of Sh. Gagan Raj Kapoor, namely, Sh. R.C. Kapoor -respondent No. 2, also handed over physical possession to respondent No. 1 and as such, respondent No. 1 came into possession of aforesaid shop along with title deeds and said possession of respondent No. 1, continues till date along with all the right, title and interest in suit shop.