Limitation Period For Specific Performance Starts From Date Of Refusal If No Fixed Date Stipulated In Agreement: Karnataka High Court Pensionary Benefits Not ‘Pecuniary Advantage’, Cannot Be Deducted From Income For Motor Accident Compensation: Punjab & Haryana High Court Propounder Faces Heavy Burden Of Proof When Testator Is Illiterate; Registration Does Not Cure Unexplained Suspicious Circumstances: Supreme Court Mother Killing Minor Children Over Husband's Refusal To Take Her To Workplace Is Murder, Not Culpable Homicide: Andhra Pradesh High Court Specific Performance Of Registered Agreement To Sell Is No Longer Discretionary Post-2018 Amendment: Allahabad High Court Civil Court Has Jurisdiction To Determine If Tenanted Property Belongs To Joint Family Even If Tenancy Order Stands In Individual Karta's Name: Bombay High Court Notice Under Section 107 BNSS Mandatory Before Attaching Property; Right To Property Is A Constitutional Right: Calcutta High Court Post-Cognizance Arrest 'Makes No Sense' If Investigation Completed Without Arrest: Delhi High Court Grants Bail Under BNSS Criminal Courts Cannot Be Used To Settle Civil Inheritance Disputes Over Appreciated Land Values: Gujarat High Court Quashes Fraud Case Accused Must Raise Probable Defence To Rebut Statutory Presumption Under Section 139 NI Act If Signatures Are Undisputed: Himachal Pradesh High Court Passing Departmental Exam Not A Pre-requisite For Grant Of ACP/MACP Benefits: Jharkhand High Court Convenience Of Family And Accused Paramount For Jail Shifting; Trial Court Can't Reject Application Merely For Non-Residency: J&K High Court Litigants Who Attempt To Pollute The Stream Of Justice With Tainted Hands Are Not Entitled To Any Relief: Karnataka High Court Trial Court Must Implement Modified Preliminary Decree In Full: Telangana High Court Directs Partition Of Property Omitted In Final Decree Proceedings If Grievance Is Real But Lies Before Different Forum, Plaint Should Be Returned Under Order VII Rule 10 CPC, Not Rejected: Rajasthan High Court Bail Cannot Be Denied Merely Due To Severity Of Economic Offence If Evidence Is Documentary: Punjab & Haryana High Court Non-Compliance With Mandatory Duty To Inform Grounds Of Arrest Under Section 47 BNSS Is Impermissible: Orissa High Court Grants Bail Land Acquisition Award Finality Under Section 12 Is A Bar To Writ Petitions Challenging 'Public Necessity': Madhya Pradesh High Court State As Eminent Domain Is Obligated To Pay Adequate Compensation, Not Minimum To Suit Its Convenience: Madras High Court Kerala High Court Grants Emergency Parole To Life Convict To Execute Sale Deed, Repay Bank Loan To Prevent Family's Eviction High Court Cannot Act As Court Of First Instance In Service Matters Amenable To CAT Jurisdiction: Delhi High Court Election Tribunal Has No Jurisdiction To Declare Caste Certificate Forged, Authority Vests Solely With Scrutiny Committee: Allahabad High Court Order IX Rule 7 CPC Requires 'Good Cause' Not 'Sufficient Cause'; Trial Court Can't Apply Higher Threshold To Pre-Decree Proceedings: Telangana High Court Victim Cannot Maintain Appeal Seeking Enhancement Of Sentence Under Section 372 CrPC; Such Power Exclusively With State: Rajasthan High Court Disability Pension: Presumption In Favour Of Personnel If Found Fit At Enrollment; Percentage Must Be Rounded Off: Punjab & Haryana HC Employee Entitled To Second Kramonnati Benefit If Promotion To Higher Post Does Not Result In Higher Pay Scale: Madhya Pradesh High Court Borrowers Can Be Granted Opportunity To Clear Loan Overdues In Installments To Prevent Coercive Action Under SARFAESI Act: Kerala High Court

High Court of Delhi Directs Maintenance of Status Quo on Sale of Disputed Property in Gurugram

07 May 2024 8:19 AM

By: Admin


The Delhi High Court disposed of an appeal by M/S One Qube Realtors Pvt. Ltd. Against the orders passed on 25.01.2024 and 15.12.2023, which directed the attachment and proposed sale of a disputed property in Gurugram, Haryana.

In the case titled EFA(OS) (COMM) 2/2024 and CM APPL. 5170/2024 & 5171/2024, the bench comprising Hon’ble Mr. Justice Rajiv Shakdher and Hon’ble Mr. Justice Amit Bansal, while addressing the preliminary objection about the appeal’s maintainability, stated, “Till such time the application is not disposed of, the sale of the subject property will not be carried out.”

The property in question, described as Plot No.20, Urban Estate, Sector-18, Gurugram, has been at the center of a legal dispute following the orders for its attachment and the direction issued for its sale.

The appellant’s counsel argued that a sale deed dated 02.08.2017 had been executed in favor of the appellant, a point that could not be overlooked unless annulled in a manner known to law. The bench noted the uncertainty regarding a decision by the concerned Court in Gurugram on a similar application by the appellant. Mr. Arvind Nigam, representing the respondent, contended that a decision had been rendered, while the appellant’s counsel argued otherwise.

The High Court's decision came with specific directions. “The learned Single Judge will afford an opportunity to the contesting respondent, i.e., respondent No.1, to file a reply to the application preferred by the appellant,” the bench directed. Furthermore, the application will be listed for directions before the learned Single Judge on 05.02.2024.

The bench also Instructed the appellant to maintain the status quo concerning the sale of the subject property and to refrain from creating any long-term lease exceeding 30 years for the said property.

The matter is set to be examined on its merits, with all rights and contentions of the parties remaining open to be adjudicated by the learned Single Judge.

DECISION DATE : 30.01.2024

M/S ONE QUBE REALTORS PVT. LTD. VS DAIICHI SANKYO LIMITED & ORS.

Latest Legal News