Himachal Pradesh High Court
Dinesh Kumar & Anr. vs . Anjali Mehra & Ors. on 27 June, 2023
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
Dinesh Kumar & Anr. Vs. Anjali Mehra & Ors.
Civil Suit No.35 of 2023 .
27.06.2023 Present: Mr. R.K. Bawa, Senior Advocate with Mr. Ajay Kumar Sharma, Advocate, for the plaintiffs.
Issue notice to the defendants, returnable for 01.08.2023, on taking steps within a week.
List on 01.08.2023.
OMP No.265 of 2023
2. Heard.
Notice in the aforesaid terms.
3. This civil suit has been instituted for specific performance of agreement to sell dated 17.05.2014 and the amended agreement to sell dated 07.08.2014. Learned Senior Counsel for the applicants/plaintiffs has drawn attention to agreement dated 17.05.2014 and submitted that the agreement was executed, inter-alia, between the plaintiffs and late Smt. Rajkumari Indira (predecessor-in-
interest) of defendants No.1 and 2. The agreement, inter alia, records that "their rights will be subject to final outcome of Civil Suit No.4 of 2007 and Civil Suit No.38 of 2009 (New Case No.7 of 2013) pending in Additional District Judge (II), Mandi, H.P." Attention was further invited to agreement to sell dated 07.08.2014. It was submitted that in terms of para 2 of this agreement, late Smt. Rajkumari Indira has accepted the receipt of ::: Downloaded on - 27/06/2023 20:38:59 :::CIS Rs.3,25,00,000/-, out of total sale consideration amount of .
Rs.4 Crores. In terms of para 5 of this agreement, the parties have agreed that their rights will be subject to final outcome of Civil Suit No.4 of 2007 and Civil Suit No.38 of 2009, pending in the Court of learned Additional District Judge (II), Mandi, H.P.
4. Learned to Senior Counsel applicants/plaintiffs further submitted that the present plaintiffs had moved an application under Order 1 Rule 10 for the of the Code of Civil Procedure (CPC) seeking their impleadment in the civil suit. Their application was eventually dismissed by the learned Single Judge of this Court. Letters Patent Appeals preferred by the present plaintiffs against the judgment passed by the learned Single Judge were withdrawn by them on 09.05.2023 with liberty to avail such remedy as is available to them under law including filing fresh civil suit. It has further been submitted that in the aforesaid background, the applicants/plaintiffs have instituted the instant civil suit.
5. Learned Senior Counsel for the applicants/plaintiffs further submitted that the non-
applicants/contesting defendants No.1 and 2 are indulging in illegal acts and are trying to sell the suit land to third party. In case the non-applicants/defendants No.1 and 2 are not restrained from selling, encumbering or changing ::: Downloaded on - 27/06/2023 20:38:59 :::CIS the nature of the suit land and entering into an agreement .
to sell with third party during the pendency of the suit, the very purpose of filing the suit will be frustrated.
In view of the documents placed on record and the submissions made by learned Senior Counsel for the applicants/plaintiffs, it is ordered that till the next date of hearing, non-applicants/defendants No.1 and restrained from selling, encumbering, changing the nature of the suit land and entering into an agreement to sell the 2 are suit land with third party in any manner, whatsoever.
Compliance of Order 39 Rule 3 CPC be made in accordance with law.
OMP No.266 of 2023The application is disposed of with a direction to the applicants/plaintiffs to file English translation of the documents in issue by the next date of hearing.
Jyotsna Rewal Dua
June 27, 2023 Judge
Mukesh
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