Sunita Sinha & Anr. vs M/S Leela Builders Pvt. Ltd. & Ors
2012 Latest Caselaw 1604 Del

12
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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+    CS(OS) 2162/2008


     SUNITA SINHA & ANR.                               ..... Plaintiff
               Through:         Mr.Ravin Gupta, Sr. Advocate
                                with Mr.P.S. Bindra, Advocate

                   versus


     M/S LEELA BUILDERS PVT. LTD. & ORS.        ..... Defendant
                Through:  Mr.Neeraj Kishan Kaul, Sr. Advocate
                          with Mr.Anil K. Batra, Adv.

     CORAM:
     HON'BLE MR. JUSTICE G.S.SISTANI
                  ORDER

% 06.03.2012

On the basis of pleadings of the parties, following issues are framed:

(i) Whether the plaintiffs are entitled to decree of mandatory injunction or in the alternative decree for possession?

OPP

(ii) Whether the plaintiffs are entitled to decree of mesne profits and if so, at what rate and for what period? OPP

(iii) Whether the plaintiffs are entitled to decree of Injunction as prayed for? OPP

(iv) Whether the plaintiffs have no locus standi to file the present case? OPP

(v) Whether the agreement to sell dated 24.01.1989 stood cancelled as alleged in para 14 of the plaint? OPP

(vi) Whether the suit is barred by limitation? OPD

(vii) Whether the suit has not been properly valued for the purposes of court fees? OPD

(viii) Whether the answering defendants have discharged their obligation under the Agreement to Sell dated 24.01.1989?

OPD

(ix) Whether defendant nos.1 to 8 were given possession of the suit property after receipt of the full consideration?

OPD

(x) Whether the predecessors-in-interest of the plaintiffs and defendant no.10 ceased to have any right, title or interest in the suit property, after execution of the duly registered, irrevocable General Power of Attorney dated 03.08.1989, in favour of the nominee (defendant no.7) of Defendant No.1-

               6?                                 OPD
         (xi) Relief.



      No other issue is pressed.      Parties will file list of witnesses within

four weeks from today.      Plaintiff will file affidavit by way of evidence

within eight weeks. In case the affidavits by way of evidence within eight

weeks are not filed within eight weeks, the same shall be taken on record

subject to payment of costs of Rs.10,000/- to be deposited with Delhi High

Court Lawyers' Welfare Fund.

List the matter before Joint Registrar on 08.05.2012 for marking

exhibits on documents and for fixing the dates of trial.

List the matter before Court on 03.08.2012 to await the evidence.

I.A. No.5133/2002

Dismissed as not pressed.

                                                               G.S.SISTANI, J
MARCH       06, 2012
ssn
CS(OS) 2162/2008                                               2/2