Full Text
HIGH COURT OF DELHI
Date of Decision: 1st February, 2017
MOHD. AKRAM & ANR. ..... Appellants
Through: Mr.Atul Kumar Sharma, Adv.
Through:
JUDGMENT
The delay of 13 days in filing the appeal is condoned.
The application is disposed of.
1. The appellants have challenged the order dated 30th August, 2017 whereby the appellants, who are defendants no.1 and 2 before the Trial Court, have been restrained from selling, transferring, alienating or creating any third party interest in the suit property till the disposal of the suit.
2. The defendants have filed a suit for possession against the appellants who are contesting the same primarily on the ground of adverse possession. The learned Trial Court has observed that the question of adverse possession raised by the appellants would require evidence and the suit property needs to be preserved.
3. This Court agrees with the learned Trial Court that the suit 2017:DHC:623 property has to be protected and the defendants cannot be permitted to sell, transfer, alienate or create any third party interest in the suit property during the pendency of the suit.
4. There is no merit in this appeal which is hereby dismissed.
5. Copy of this order be sent to the Trial Court as well as the respondent.
FEBRUARY 01, 2017 dk J.R. MIDHA, J.