DHAN PRAKASH BUDHRAJA Vs. M.I. BUILDERS LTD.

JUDGEMENT

(1.) Heard learned counsel for the petitioners.

(2.) This petition has been filed under Article 227 of the Constitution of India, praying for setting aside the judgment and Decree dated 4.1.2020 passed by the Court of Civil Judge (Senior Division), Lucknow in Regular Suit No.2684 of 2019 only in so far as the same relates to the finding regarding the builder's agreement dated 22.4.2015 being executed in respect of entire area of the land in question i.e. 3.1737 hectares.

(3.) It has been submitted by the learned counsel for the petitioners that a Regular Suit was filed by the petitioners, praying for an injunction on the ground that the Sale Deed executed by the petitioners were with respect to only a part of the total area of land ad-measuring 30,000 square meters and not for the whole of the area in the ownership of the petitioners. In the said suit, an application was filed under Order VII Rule 11 of CPC by the defendants, taking a stand that the entire land ad-measuring 3.1737 hectares formed the subject matter of builder's agreement dated 22.4.2015, which is a commercial agreement in respect of immovable property and the suit was barred by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter referred to as 'Commercial Courts Act, 2015').