TARUN SAWHNEY Vs. UMA LAL AND OTHERS

JUDGEMENT

(1.) Tarun Sawhney, the plaintiff has filed the present suit seeking a decree of specific performance of the two Agreements to Sell both dated 16th September, 2009, the first Agreement to Sell being executed between the plaintiff and defendant Nos. 1 to 5 in respect of undivided one half share of the property No. 32, Nizamuddin East, New Delhi-110013 (in short 'Suit Property') and the second Agreement to Sell of the even date executed between the plaintiff and defendant No. 5 in respect of the other undivided half share in the suit property. The plaintiff also seeks a decree of permanent injunction against the defendants from creating any third party interest in the suit property and mandatory injunction to execute and get registered the Conveyance Deeds in his favour in respect of the suit property, in the alternative the relief of damages.

(2.) Vide an ex-parte ad-interim order dated 4th October, 2010 the defendants were restrained from creating any third party interest in the suit property and vide order dated 4th February, 2011 the application of the plaintiff under Order XXXIX Rule 1 and 2 CPC and that of defendant Nos. 3 and 5 under Order XXXIX Rule 4 CPC were disposed of restraining the defendants from selling, transferring, assigning, mortgaging or parting with the possession of the suit property or any part thereof or creating any third party interest during the pendency of the suit, without prior permission of the Court subject to the plaintiff depositing a sum of Rs.30.68 crores by way of a FDR in the name of the Registrar General of this Court.

(3.) Against the order dated 4th February, 2011 passed by this Court disposing of the application under Order XXXIX Rule 1 and 2 CPC filed by the plaintiff, the plaintiff filed an appeal being FAO (OS) No.104/2011 wherein the Division Bench of this Court directed that instead of depositing FDR in the sum of Rs.30.68 crores, the plaintiff would furnish a bank guarantee of the same amount in the name of the Registrar General of this Court to the satisfaction of the Registrar General.