VINEET KUMAR Vs. TDI INFRASTRUCTURE PRIVATE LIMITED

JUDGEMENT

(1.) The petitioner has invoked the supervisory jurisdiction of this Court under Article 227 of the Constitution of India assailing the order dtd. 7/8/2025 passed by the learned Additional District Judge, Sonepat, whereby the order dtd. 1/4/2025 of the learned Additional Civil Judge (Senior Division), Sonepat granting the petitioner's application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 was reversed.

(2.) Briefly stated, the facts of the case are that the plaintiffs, along with defendant No.4, claim to be co-sharers in joint possession of the suit land in equal shares as per Jamabandi for the year 2014-15. Though the Jamabandi records the land as Chahi, the actual position is otherwise. Defendant No.4, without seeking partition of the suit land by metes and bounds, obtained a licence from the Town and Country Planning Department, Government of Haryana, for setting up a Group Housing Colony over the suit land along with adjoining land, and was further granted an occupation certificate vide letter dtd. 15/12/2017 in respect of construction raised on land. It is alleged that defendants No.4 and 5, taking undue advantage of the simplicity of the plaintiffs, procured their signatures on certain papers and documents and got the site plan of the entire project sanctioned, which also included the plaintiffs' share in the suit land. On the basis of the approved site plan, defendant No.4 carved out plots in the suit land and adjoining land and allotted the same to various purchasers. The plaintiffs came to know of this about 8-9 months prior to the institution of the suit, when the allottees, along with property dealers, visited the site for inspection of the plots. According to the plaintiffs, defendants No.4 and 5 have committed fraud not only upon them but also upon the prospective buyers.

(3.) Defendants No.1 to 3 contested the suit as well as the injunction application, raising preliminary objections regarding maintainability, limitation, mis-joinder and non-joinder of necessary parties, estoppel, concealment of material facts, and absence of cause of action. On merits, it was pleaded that the suit land had already been legally partitioned by defendant No.1, with Mutation No.7641 duly entered and sanctioned on 1/10/2024. Defendant No.2 had carried out the partition after due verification, and since the land was recorded as Chahi at the time of partition, he was competent to effectuate the same. It was further averred that the plaintiffs themselves appeared before the Tehsildar, Sonepat, and filed objections against Naksha-Kh. After hearing arguments, defendant No.2 inspected the spot, found the Naksha-Kh prepared by the field staff to be correct, and dismissed the plaintiffs' objections. Having participated in the proceedings without raising any objection as to the nature of the land, the plaintiffs are now estopped from disputing the same.