Ld. Advocate of the complainant/petitioner is present.
Ld. Advocate of opposite parties is present.
The Misc. Application dated 12.10.2022 is taken up for hearing.
Perused. Considered.
Heard the Ld. Advocates for both sides.
Ld. Advocate of the complainant/petitioner submits that the complainant entered with a development agreement with the opposite parties in respect of the property mentioned in Schedule – A of the application. As per terms and conditions of the said agreement, the opposite parties are liable to deliver possession of 9(nine) flats after completion of construction, each measuring about 400 Sq.ft. mentioned in Schedule – B of the complaint application, but the opposite parties have neglected and failed to comply with the terms and conditions of the said agreement. Complainant further states that opposite parties are trying to transfer and/or assigning the properties mentioned in Schedule – B of the petition to third party. Therefore, they may be restrained by an order of interim order from transferring the same. Otherwise, it will invite multiplicity of proceeding and harassment to the complainant.
In reply, the Ld. Advocate for the opposite parties frankly states that the opposite parties have no objection, if any interim order passed against them from alienating or transferring or assigning the property mentioned in the Schedule – B of the application to any third party.
Considering the balance of convenience and inconvenience and to avoid multiplicity of proceedings the prayer of the complainant/petitioner is allowed on consent.
The opposite parties are hereby restrained by an order of interim injunction from transferring and/or alienating and/or assigning the flats mentioned in the Schedule – B of the application in favour of any party till disposal of the complaint case being No. CC/547/2022.
Thus the Misc. Application being No. 215/2022 is allowed on contest; but without cost.