KCB INFRA Vs. VARUNDEEP KAUR

JUDGEMENT

(1.) This revision petition has been preferred against the order dtd. 28/1/2026 (Annexure A-10) passed by Civil Judge (Junior Division), SAS Nagar, Mohali in suit titled "Varundeep Kaur Vs. M/s KCB Infra and others", vide which ex parte ad interim injunction has been granted in favour of plaintiff-respondent and petitioner-defendant No.1 and its agents have been restrained from handing over possession of, leasing, transferring, mortgaging, selling or otherwise alienating the suit property to defendant No.2, its agents or any other person except in due course of law, till the next date of hearing i.e. up to 5/2/2026.

(2.) I have heard learned counsel for the petitioner and have gone through the record.

(3.) Learned Senior counsel representing the petitioner argued that one unit in the complex constructed by the petitioner-defendant was allotted to the plaintiff-respondent and after a dispute arose, plaintiff-respondent instituted a petition before Punjab Real Estate Regulatory Authority under Real Estate (Regulation and Development) Act 2016 (hereinafter referred to as "Act") against the petitioner. The facts pleaded in the said complaint instituted before RERA are similar to as have been pleaded in the present suit and a direction has been sought against the promoter for handing over of physical possession of the DSS Unit No.55, on Ground Floor, in the project namely HLP Galleria, located in Sector 62, Mohali. Learned Senior counsel further contended that under the said Act, interim order, if any, could have been sought by the plaintiff but no such interim order has been prayed for before the said Forum. Instead, the plaintiff filed a separate suit before the Civil Court, claiming similar relief in which the impugned order has been passed. Learned Senior counsel next contended that Sec. 79 of the said Act bars jurisdiction of the Civil Court, which is reproduced as under:-