SMT. JYOTI vs SH. DHARAMPAL SINGH

Judgment text excerpt

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 30th May, 2025 + CM(M) 1076/2025 & CM APPL. 36235/2025 SMT. JYOTI .....Petitioner Through: Mr. Saurabh Kansal and Ms. Ashu Chaudhary, Advocates. versus SH. DHARAMPAL SINGH .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is plaintiff before the learned Trial Court and is aggrieved by the order dated 03.01.2024 whereby her application moved under Order XII Rule 6 CPC has been dismissed. 2. The petitioner has filed a suit for specific performance seeking direction to register Sale Deed dated 29.09.2014 with further request to injunct defendant from transferring, alienating or creating any third party interest with respect to such property. 3. The stand taken by the defendant in his written statement has also been taken note of and, according to him, there was no transaction between him and plaintiff and he had never executed any agreement. 4. Learned Trial Court, after careful perusal of the pleadings, came to the conclusion that there was a doubt whether Sale Deed dated 29.09.2014 was ever, actually, executed by the defendant. It also observed that the signatures Signature Not Verified Digitally Signed CM(M) 1076/2025 1 By:SONIA THAPLIYAL Signing Date:31.05.2025 15:16:25 on the Sale Deed were also disputed and the factum of payment of money was also under question. 5. Relying on all these triable issues, the Court declined such request of passing any admission decree. 6. The relevant observations made in paras 14, 15, 16 and 17 are extracted as under:- “14 Having stated as above, on perusal of WS, it is found that the defendant had denied the execution of any agreement between the plaintiff and the defendant as well as receipt of any sale considerat