MARYAM BEE vs SHUIBHAM JAIN AND ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 06.08.2025 Judgment pronounced on: 26.08.2025 + FAO(OS) (COMM) 199/2024, CM APPL. 51461/2024 & CM APPL. 48082/2025 MARYAM BEE .....Appellant Through: Mr. Jai Sahai Endlaw and Ms. Sagarika Kaul, Advs. versus SHUIBHAM JAIN AND ORS .....Respondents Through: Mr. Hemant Kumar and Mr. Venkatesh Joshi, Advs. for R-1 to R-3. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. Through this Appeal under Order XLIII Rule 1 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] read with Section 10 of the Delhi High Court Act, 1966 [hereinafter referred to as “DHC Act”], the Appellant assails the correctness of the Order dated 07.05.2024 passed by the learned Single Judge in I.A. No. 23592/2023 in C.S. (Comm) No. 590/2023 titled Shuibham Jain and Ors. vs. Maryam Bee, wherein the application, under Order I, Rule 10 of the CPC, 1908, filed by Respondent No.4, was allowed and he was impleaded in the underlying suit as a party and arrayed as Defendant No.2. Signature Not Verified Signed By:JAI NARAYAN FAO(OS) (COMM) 199/2024 Signing Date:26.08.2025 Page 1 of 15 15:25:50 FACTUAL MATRIX 2. The brief facts leading to the present Appeal are that Respondent Nos.1 to 3 (Plaintiffs before the Court of first instance) filed a suit seeking, inter alia, specific performance of an Agreement to Sell dated 27.12.2022 [hereinafter referred to as “ATS”], allegedly executed between the Appellant and Respondent Nos. 1 to 3, for the sale of the property admeasuring 82.5 Sq. Yards, bearing Municipal No. 1806 (Mezzanine Floor to Second Floor with roof rights), Ward No. 4, Chandni Chowk, Dariba Kalan, New Delhi, 110006 [hereinafter referred to as “suit