Rakesha And Ors. vs Amzad Ali And Ors.
2011 Latest Caselaw 2441 Del

                                      UNREPORTED
*    IN THE HIGH COURT OF DELHI AT NEW DELHI


+        CM NO. 5168/2011 IN MAC.APP.NO. 543/2009


RAKESHA AND ORS.                     ..... Appellants
            Through:           Mr. O.P. Mannie, Advocate.

            versus


AMZAD ALI AND ORS.                     ..... Respondents
             Through:          None.



%                        Date of Decision : MAY 06, 2011

CORAM:
HON'BLE MS. JUSTICE REVA KHETRAPAL

1. Whether reporters of local papers may be allowed
   to see the judgment?
2. To be referred to the Reporter or not?
3. Whether judgment should be reported in Digest?

                         ORDER (ORAL)

: REVA KHETRAPAL, J.

1. By way of this application filed on behalf of the appellants u/s

151 C.P.C., the appellants seek release of the amount of `5,00,000/-

lying in fixed deposits in terms of the order dated 16 th February, 2010

passed by this Court.

2. Learned counsel for the appellants submits that the appellant

No.1, who is the widow of the deceased has purchased Plot No.32/11,

Indira Vikas Colony, Nirankari Colony, Police Station Mukherjee

Nagar, Delhi from one Sh. Rajinder Kumar son of Sh. Jai Guru

resident of 32/11, Indira Vikas Colony, Nirankari Colony, Police

Station Mukherjee Nagar, Delhi for a sum of `4,00,000/- vide

Agreement to Sell dated 29.11.2010. He further submits that the

appellant No.1 now proposes to construct a house on the aforesaid

plot, for which she requires a sum of `5,00,000/- and prays for the

withdrawal of the same. A copy of the agreement to sell and general

power of attorney executed for the purchase of the said plot have been

annexed by the appellants alongwith a copy of the site plan and the

estimate of construction obtained by them for the construction of a

house on the said plot.

3. On the last date of hearing, i.e. 14.03.2011, the statements of

the appellant No.1, the widow of the deceased and the aforesaid Sh.

Rajinder Kumar, the vendor of the plot in question were recorded

which bear out the fact that Mr. Rajinder Kumar has entered into an

agreement to sell dated 29.11.2010 in respect of plot No. 32/11, Indira

Vikas Colony, Nirankari Colony, Police Station Mukherjee Nagar,

Delhi to the appellant No.1, who has purchased the same for a sum of

`4,00,000/-. It is further stated by appellant No.1, in her statement,

that she does not have funds to pay for the construction of the house

and therefore, she has made this application for withdrawal of a sum

of `5,00,000/-. The estimate of construction, in this regard, is stated

to have been obtained by appellant No.1 from M/s Sharma &

Associates, Architects & Planners, and a copy thereof has been placed

on record.

4. In the aforesaid facts and circumstances, withdrawal of the

amount of `5,00,000/- alongwith interest thereon lying deposited in

the name of the appellant No.1 and in the name of appellant No.3, 4

and 5, as prayed, is allowed to raise construction on the aforesaid plot

subject to the condition that the appellant No.1 shall deposit the sale

deed in respect of aforesaid plot with the Registrar General of this

Court within one week from today and that the appellant No.1 shall

not alienate/dispose of the aforesaid plot in any manner whatsoever

for a period of three years. The said sale deed shall remain deposited

with the Registrar General of this Court for a period of three years.

5. The application stands disposed of accordingly.

REVA KHETRAPAL (JUDGE) May 06, 2011 sk