USHA DEVI CHOKHANI Vs. KUSUM SUREKHA

JUDGEMENT

(1.) This is an application wherein the petitioners are seeking the following reliefs:-

(2.) Mr. Chayan Gupta, Counsel appearing on behalf of the plaintiff petitioners submits that an agreement had been reached between the parties wherein the petitioner was to purchase a property from the defendants at a cost of Rs.1,26,40,000.00. He further submits that a sum of Rs.25.00 lakhs was paid by way of earnest money to the defendants. He submits that in spite of several requests, the respondents did not make over the papers relating to the regularization of the said property to one commercial unit as had been agreed between the parties. He further submits that the respondents failed to execute a deed of conveyance in their favour.

(3.) It is to be noted that a legal notice had been issued by the plaintiff petitioners on February 8, 2021 and the same was replied to by Advocates representing the defendants on February 15, 2021. It is also to be noted that a suit was filed by the plaintiff petitioners before the Ordinary Original Civil Jurisdiction in the month of April, 2021. Subsequently, the plaint was returned with liberty to the plaintiffs to file before the Commercial Division. CS/263/2021 is the new suit filed by the plaintiff petitioners wherein this interlocutory application has been filed seeking the above reliefs.