S SHALU CONSTRUCTIONS vs ASHOK KAURA AND ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 11th MARCH, 2026 IN THE MATTER OF: + I.A. 8516/2024 IN CS(OS) 813/2023 S SHALU CONSTRUCTIONS .....Plaintiff Through: Mr. Jai Sahai Endlaw & Ms. Shambhavi Kala, Advs. versus ASHOK KAURA AND ORS. .....Defendants Through: Mr. Anupam Srivastava, Sr. Adv. Mr. Archit Singh, Mr. Vasuh Misra, Ms. Shreya Kunwar & Mr. Devesh Bhatia , Advs. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT I.A. 8516/2024 1. The present suit has been filed by the Plaintiff seeking specific performance of the Collaboration Agreement dated 01.02.2013 in respect of property bearing No. A-72, New Friends Colony, New Delhi measuring 492 sq. yds. (hereinafter referred to as “the Suit Property”). 2. Shorn of unnecessary details, the facts of the case are as under: a. It is stated that in January, 2013, the Defendants approached the Plaintiff claiming themselves to be joint owners of the Suit Property and disclosed that two litigations concerning the Suit Signature Not Verified Signed By:RAHUL CS(OS) 813/2023 Page 1 of 26 SINGH Signing Date:17.03.2026 10:52:41 property were pending before this Court. The first litigation was CS(OS) No. 649/2010 titled “Ashok Kaura & Ors. v. Shashi Kaura & Ors.”, which was a partition suit between the family members i.e., the Defendants herein (hereinafter referred to as „the partition suit‟). The second was CS(OS) No. 1448/2010, a suit for specific performance filed by one Mr. Ajit Pal Singh against Defendant Nos. 2 and 3 (hereinafter referred to as „the specific performance suit‟). b. It is stated that the Defendants allegedly represented that they were facing pressure in the specific performance suit and required funds to settle the dispute, assuring the Plaintiff that upon such assistance, they would execu