Swaran Singh vs Bhupender Kaur And Ors.
2007 Latest Caselaw 2239 Del

JUDGMENT

Mukundakam Sharma, C.J.

CM No. 16024/2007 (exemption)

Allowed, subject to just exceptions.

 FAO(OS) No. 467/2007 and CM No. 16025/2007, 16026/2007
                                (stay)       (LC)
 

1. This appeal is directed against the order dated 16th November, 2007 passed by the learned Single Judge issuing notice on the application filed by the appellant praying for appointment of a Local Commissioner. The suit is filed seeking for a decree of specific performance and cancellation of the sale deed executed by the defendant No. 1 in favor of the defendant No. 4. It is alleged in the same that the appellant, who is plaintiff, entered into an agreement to sell with the defendant No. 1 and in violation of the said agreement, it is alleged that the defendant No. 1 has sold the property to the defendant No. 4 at a lesser price.

2. Along with the plaint, an application seeking for appointment of a Local Commissioner was also filed. The learned Single Judge has issued summons in the suit making the same returnable on 3rd April, 2008 but so far as the application seeking for injunction is concerned, the application is made returnable on 8th February, 2008.

3. While issuing notice, an injunction is also granted in favor of the appellant herein whereby it is directed that the defendant No. 4 is restrained from creating any third party interest or parting with possession of the property bearing No. DS-354, Ground Floor, New Rajinder Nagar, New Delhi. Therefore, the interest of the appellant is fully protected by the aforesaid order of injunction and if there be any change or transfer in the meantime subsequent to the aforesaid order, the appellant will have remedy to take up the issue in accordance with law. There is no denial of the fact that principles of lis pendens would also apply to the facts and circumstances of the case.

4. It is also contended that two other prayers which are in the application have not been considered by the learned Single Judge. The injunction application is not disposed of and is kept pending. As and when the matter comes up for hearing before the learned Single Judge, we are confident that necessary orders in accordance with law shall be passed.

5. So far the apprehension of the appellant regarding change of possession/ownership is concerned, a prayer is made for appointment of a Local Commissioner. The matter is made returnable upon issuance of notice. The said aspect is also being looked into by the learned Single Judge. The application is still pending and has not been disposed of. On the next date of hearing, keeping in view the stand taken by the defendants, a Local Commissioner can always be appointed.

6. In view of the nature of orders passed, we are not inclined to entertain the present appeal. The same is dismissed.