JEENAT JAHAN AND ANR vs SUPERTECH INDIA PRIVATE LIMITED AND ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 18.11.2025 FAO 39/2025 & CM APPL. 17589/2025 JEENAT JAHAN AND ANR .....Appellants Through: Mr. Sarthak Ahuja and Ms. Sabika Ahmad, Advocates. Versus SUPERTECH INDIA PRIVATE LIMITED AND ANR. .....Respondents Through: Mr. Dharmendra Kumar, Advocate. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT (ORAL) CHANDRASEKHARAN SUDHA, J. 1. The present appeal under Section 104 read with Order XLIII of the Code of Civil Procedure, 1908 (the CPC) has been filed by the appellants/plaintiffs in CS No. 3363/2024 against order dated 11.02.2025 passed by the learned District Judge – 06, South- East District, Saket Courts, New Delhi, whereby application filed by the appellants/plaintiffs under Order XXXIX Rule 1 & 2 of CPC was dismissed. 2. Briefly stated, in August 2023, the parties entered into an agreement for sale of the suit property i.e. Flat No.153-A, Ground 2004. The appellants/plaintiffs thereafter faced difficulty in procuring a home loan as the property was not freehold, however, they ultimately secured a loan of ₹20,00,000/-. During this period, fearing that the property might be sold to a third party, they moved an appli