Order no.2, dt. 18.1.2023

Today is fixed for hearing of this M.A. case.

The applicant/ complainant side is found ready.

Ld. Advocate for the complainant/ applicant side is also present.

Heard and considered submission of the ld. Advocate of complainant.

It is main point of contention and argument of the complainant side in a nutshell is that the op nos. 1 to 10 are now intending to engage another developer for the purpose of construction of multistoried building and also for selling out and/ or lease out their share of the schedule mentioned property to this stranger outsider inspite of receiving money of Rs. 2,00,000/- from the complainant/ applicant. It is alleged that the complainant/ applicant has also taken steps in the matter of mutation of the land, payment of tax and also for developing the schedule mentioned property but to deprive the complainant  and to earn much more money the ops are making attempt to hand over the schedule mentioned property to the another developer and also to sell out and/ or lease out the suit property and for all these reasons there is urgent necessity of passing an order of injunction u/s 38 (8) of the Consumer Protection Act, 2019.

Over this issue perused the petition filed u/s 38 (8) of the Consumer Protection Act, 2019 and also examined the documents which have been filed in C.C. Case no. 246 of 2022 from which this M.A. case no. 2 of 2023 has been cropped up.

After going through the materials of this case record and also after going through the documents filed by the complainant/ applicant side it appears that there is prima facie case in favour of the complainant/ applicant side and the balance of convenience and inconvenience also in favour of the complainant and there is also extreme urgency of passing an interim order of injunction otherwise the main purpose of passing such order/ orders would be frustrated and also would be defeated by delay.

Considering all the above noted factors the complainant/ applicant and op nos. 1 to 10 are directed to maintain an interim order of injunction in the form of maintaining status-quo over the suit property in respect of its nature, character, ownership, possession and status upto 21.2.2023.

In the light of the observation made above the petition filed u/s 38 (8) of the Consumer Protection Act, 2019 is allowed and this M.A. case is disposed of.

Let this case record of M.A. 2 of 2022 be tagged with the mother case being no. C.C. 246 of 2022.

Complainant/ applicant is directed to send a copy of this order to the opposite parties immediately for compliance.