KAWARJIT Vs. MISS ALISHA MALIK

JUDGEMENT

(1.) The present civil revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dtd. 21/8/2025 passed by the learned Additional Civil Judge (Senior Division), Hisar, whereby the application moved by the petitioners-defendants under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") for rejection of plaint has been dismissed.

(2.) Brief facts giving rise to the present petition are that respondent No. 1-plaintiff filed a suit for possession by way of specific performance of an agreement to sell dtd. 1/2/2021 executed in respect of a double-storey house. As per the plaint, defendant No. 1 (for herself and on behalf of defendant No. 2) agreed to sell the said property to the plaintiff for a total sale consideration of Rs.1,23,00,000.00. Out of the said amount, Rs.5,00,000.00 was paid at the time of agreement, Rs.10,84,341.00 was deposited with the concerned department (defendant No. 3), and another Rs.5,00,000.00 was paid to defendant No. 1 on 19/5/2021.

(3.) The plaintiff further sought a decree of mandatory injunction directing defendants No. 1 and 2 to execute the sale deed in her favour after obtaining the requisite transfer permission from defendant No. 3, and a permanent injunction restraining the defendants from creating third-party rights in the suit property.