PRAMOD KHANDELWAL Vs. VINOD KHANDELWAL

JUDGEMENT

(1.) Heard Sri A.K. Goyal, learned counsel for the revisionist/ defendant and Sri Siddharth Srivastava, learned counsel for plaintiff/respondent no.1.

(2.) The plaintiff/respondent no.1 instituted a suit for cancellation of sale deed dtd. 30/3/2009 executed by defendant/respondent no.1 in favour of defendant/respondent no.3. The suit was instituted on the ground that the plaintiff/respondent no.1 is the owner of the property in dispute and sale deed has been illegally executed by the defendant/respondent no.1 in favour of defendant/respondent no.3.

(3.) In the suit, an application under Order 7 Rule 11 C.P.C. was filed by the revisionist/defendant no.1 contending interalia that the suit is barred as the sale deed has been executed under Sec. 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'SECURITISATION ACT, 2002') and a case for cancellation of sale deed is registered as Case No.67 of 2008 is pending before the Debt Recovery Tribunal.