Sanjay Kumar Jain vs State (Govt. Of Nct Of Delhi) & Ors
2015 Latest Caselaw 3564 Del

$~38
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 4328/2015
       SANJAY KUMAR JAIN                       ..... Petitioner
                   Through: Mr M.N. Kural & Ms Pushpa Sharma,
                   Advs.

                          versus

       STATE (GOVT. OF NCT OF DELHI) & ORS. ..... Respondents
                      Through
       CORAM:
       HON'BLE MR. JUSTICE RAJIV SHAKDHER
                ORDER

% 01.05.2015

CM No. 7841/2015 (condonation of delay in re-filing)

1. This is an application seeking condonation of delay in re-filing.

2. For the reasons given therein, the application is allowed and the delay is condoned. Application stands disposed of. WP(C) 4328/2015

3. The grievance of the petitioner is that a sale deed has been executed by respondent no.6 in favour of respondent no.7 based on a forged General Power of Attorney (in short GPA). It is stated by the learned counsel for the petitioner that an FIR has been lodged and criminal proceedings have been initiated against respondent no. 6 & 7 and two other accused, one, Mr Chhotu and Mr Umar. Learned counsel for the petitioner also informs me that a chargesheet has been filed, though no charges have been framed as yet.

W.P.(C) 4328/2015 Page1 of 2

4. In this writ petition a direction is sought qua respondent no.4 for cancellation of the sale deed dated 03.11.2012 regarding property no. 4/2675A, Gali No.6, Bihari Colony, Shahadara, Delhi - 110 032.

5. In my view, the proper remedy for the petitioner will be to file a civil suit as the matter will have to proceed for trial, since it clearly involves contestation and disputed questions of fact.

6. The writ petition is disposed of with liberty to the petitioner to initiate appropriate proceedings in accordance with law.

RAJIV SHAKDHER, J MAY 01, 2015 kk