NIDHI DHAWAN Vs. ATUL GARG

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India by the petitioner, impugning the legality, propriety, and correctness of the order dtd. 2/8/2025 (Annexure P-5) passed by the learned Additional District Judge, Faridabad, as well as the order dtd. 8/7/2025 (Annexure P-3) passed by the learned Civil Judge (Junior Division), Faridabad, whereby the injunction application filed by the respondent/petitioner was allowed. The petitioner seeks to assail the concurrent orders of the Courts below on the grounds that they are erroneous, perverse, and unsustainable in law, thereby warranting interference under the supervisory jurisdiction vested in this Court under Article 227 of the Constitution.

(2.) Brief facts of the case are that the respondent No.1/plaintiff filed a suit for specific performance of a contract dtd. 29/11/2021 for the sale of a plot measuring 1,000 square yards, bearing No.40 in Sector 21-A, Faridabad, for a total consideration of Rs.4,55,00,000.00. It is pleaded that the plaintiff had paid an amount of Rs.40,00,000.00 through cheque No.00371 dtd. 29/11/2021 and an additional sum of Rs.5,00,000.00 in cash, while the balance of the sale consideration was to be discharged on or before 1/3/2022 at the time of execution of the sale deed/GPA in favour of the plaintiff.

(3.) The petitioner/respondent contested both the suit and the injunction application by filing a written statement and reply, raising preliminary objections inter alia that the plaintiff had concealed material facts. It was contended that the plaintiff had full knowledge of the pending litigation, as evidenced by the receipt dtd. 19/9/2021, which indicated that the land was in illegal occupation, and vide the WhatsApp messages dtd. 20/9/2021 and 21/9/2021, wherein the petitioner provided complete details of the pending litigation.