Suit for declaration of agreement validity and injunctions over property disposed of. Court held prayers unentertainable due to Supreme Court directions, plaintiff lacked locus standi, and issue barred due to non-impleadment of Delhi Development Authority.
Present suit stands disposed of; all interim orders stand vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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SACHIN SEN MANCHANDA ..... Plaintiff Through Mr. G.L. Rawal, Senior Advocate with Mr. Vikas Manchanda, Advocate
versus
M/S GOLDEN PROJECTS LTD & ORS ..... Defendants Through Mr. Harpawan Kumar Arora, Advocate for Committee – Golden Forests in I.A. 10202/2013.
Mr. Sanjay Rathi, Advocate for D-3.
% Date of Decision : 06th May, 2015
CORAM: HON'BLE MR. JUSTICE MANMOHAN
J U D G M E N T
MANMOHAN, J: (Oral)
Page 1 of 3
CS(OS) 2057/2012
Sale Deed executed by defendant no. 2 dated 18.01.2011 in favour of the defendant no. 3 as null & void.
(D) Pass a decree of Mandatory Injunction thereby directing the defendant nos.1, 2 & 3, individually and jointly, to restore the position with regard to title of property bearing no.2, Village Garhi, Ring Road, Lajpat Nagar-IV, New Delhi as existed on 02.04.1998;
(E) Pass a decree of Permanent Injunction thereby permanently restraining the defendant nos.1, 2, & 3, individually and jointly, from creating any third party interest/right in property bearing no.1, Village Garhi, Ring Road, Lajpat Nagar-IV, New Delhi;
(F) Pass a decree thereby directing defendant no.4 to cancel the Sale Deeds dated 03.04.1998, 26.03.2010 and 18.01.2011;
(H) Pass any other or further order, as this Hon’ble Court may deem fit and proper.”
Page 2 of 3
CS(OS) 2057/2012
has not been approved by the Committee constituted by the Supreme Court and the impugned agreement has been executed after the cut-off date of 23rd November, 1998, this Court is of the view that prayers (a), (d) and (e) cannot be entertained.
MANMOHAN, J
MAY 06, 2015 rn
Page 3 of 3
CS(OS) 2057/2012
3 issues framed by the court
Whether prayers for declaration of subsisting agreement and injunction over property can be entertained given Supreme Court directions.
Whether plaintiff has locus standi to challenge sale deeds executed by defendant no 1 and defendant no 2.
Whether suit can proceed for cancellation of conveyance deed given Delhi Development Authority is not impleaded.
SACHIN SEN MANCHANDA
M/S GOLDEN PROJECTS LTD
DEFENDANT NO 2
DEFENDANT NO 3
DEFENDANT NO 4
MANMOHAN
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
Judgements on the same questions, provisions and authorities, from every court
