Ashutosh Gawri vs Mukesh Sharma And Another

Alok Kumar Verma, J

The Trial Court has allowed the Application 6C2, filed by the respondent no.1-plaintiff under Order XXXIX Rule 1 and Rule 2 of the Code of Civil Procedure, 1908. The present Appeal has been filed by the appellant-defendant no.2 under Order XLIII Rule 1(r) CPC challenging the impugned order dated 27.04.2024, passed by learned Civil Judge, (Senior Division), Rishikesh, District Dehradun in Original Suit No.10 of 2024.

Heard Mr. Sagar Kothari, learned counsel for appellant and Mr. I.P. Kohli, learned counsel for respondent no.1-plaintiff.

Mr. Sagar Kothari, Advocate, submitted that the respondent no.1-plaintiff sold the suit properties to the respondent no.2. The plaintiff had received full consideration of the sale. The respondent no.2-defendant no.1 had sold the suit properties to the present appellant-defendant no.2 and received the entire consideration. The respondent no.1 filed the said Original Suit to cancel the sale deeds on the ground of non-receiving the sale consideration from respondent no.2.

Mr. Sagar Kothari, Advocate, contended that the appellant has purchased the suit property through a registered sale deed. He has paid the entire sale consideration. However, he has deposited Rs.12,20,000/-(Rupees Twelve Lakh Twenty Thousand) as sale consideration, which was to be paid by the respondent no.2-defendant no.1 to respondent no.1-plaintiff. Appellant is in possession of the suit property. He is raising construction on the suit property after getting the residential maps sanctioned from the Mussoorie Dehradun Development Authority.

Mr. I.P. Kohli, Advocate, appearing for the respondent no.1-plaintiff submitted that the appellant is free to raise construction on his own risk.

Having heard the submission of the learned counsel for the parties, the appellant is permitted to raise construction over the suit property on his own risk subject to an undertaking that he will dismantle the construction on his own cost in case the respondent no.1-plaintiff succeeds. He is further directed not to create any third party interest over the suit property till disposal of the Original Suit.

Mr. Sagar Kothari, Advocate, has sought five days time from today to file the undertaking before the Trial Court.

The amount deposited by the appellant will be subject to the outcome of the Original Suit.

With the consent of both the parties, the present Appeal (No.197 of 2024) is disposed of accordingly.