SHAKTI RESIDENCY PVT LTD Vs. SANJIV ANAND

JUDGEMENT

(1.) The appellant is aggrieved by the order dated 25.11.2016 passed by the learned Single Judge in I.A. No.11942/2016, whereby the application of the appellant (plaintiff in the suit) herein, for a judgment on admissions under Order XII Rule 6 C.P.C., came to be dismissed.

(2.) The appellant has filed the Civil Suit, i.e. C.S.(O.S.) No. 503/2016 against the two respondents - who are arrayed as defendants No.1 and 2 respectively, wherein the following reliefs have been sought:

(3.) The said claim arises in the background that the appellant - on the one hand, and the respondents, along with two others, namely Mrs. Rekha Sharma and Mrs. Rashmi Sharma - on the other hand, entered into an agreement to sell on 16.02.2012 in respect of property bearing No.46, Block-S, Panchshila Park, New Delhi, admeasuring 800 square yards (hereinafter referred to as the said property). The appellant was the agreement purchaser in the said transaction. The said agreement to sell - which is not disputed, inter alia, records that Smt. Rekha Sharma and Smt. Rashmi Sharma, who had 2/9th undivided share in the said property, had earlier agreed to transfer the same in favour of respondent No.1/ Sanjiv Anand vide agreements entered into by them with respondent No.1/ Sanjiv Anand on 17.01.2007 and 22.08.2005 respectively.