Raj Kumar Tayal v. Ankit Sharma

Sr. No.142

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 18th February 2026 RAJ KUMAR TAYAL ........Petitioner versus ANKIT SHARMA .......Respondent CORAM: HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. Yatin Mehta, Advocate for Mr. Aditya Jain, Advocate for the petitioner.

Respondent-Ankit Sharma in person.

HARPREET KAUR JEEWAN, J. (ORAL) 1.

By way of filing the instant Civil Revision, the petitioner is impugning the interim order dated 25.03.2025 (Annexure P-1), passed by the learned trial Court, during the pendency of the civil suit filed by the petitioner-plaintiff.

2.

Brief facts of the case are that the petitioner filed a suit for possession by way of specific performance of the contract, on the basis of an Agreement to Sell dated 30.01.2024 (Annexure P-2). Pending the civil suit, an interim order dated 25.03.2025 (Annexure P-1) was passed by the trial Court, which is reproduced as under:- "xxx xxx xxx xxx There is a dispute between the parties with regard to 'No Objection Certificate' from the Housing Board. Defendant has submitted that he is willing to move an application

 however plaintiff is refusing to sign the same. Upon query plaintiff has refused to sign the NOC application and has submitted that the said application would be signed by his wife. It is relevant to note that wife of the plaintiff is not a party in the present suit. Moreover, plaintiff has sought relief of specific performance in his favour and not in favour of his wife.

xxx xxx xxx xxx"

3.

Both the parties have mutually decided the terms and conditions regarding signing of NOC application and payment of the remaining sale consideration amount as well as settled the lis. 4.

Learned counsel for the petitioner confirms as under:- (i) that the petitioner or his wife will sign the Transfer Permission Form and hand it over to the respondent within a period of 10 days from today, which shall be submitted by the respondent-Ankit Sharma in the concerned department for obtaining NOC/transfer permission.

(ii) that the petitioner shall handover a demand draft for 50% the remaining consideration amount of Rs.27,00,000/- within a period of 15 days from today and the remaining 50% of the sale consideration amount (Rs.27,00,000/-) shall be paid by way of a demand draft in favour of the respondent, within a period of 30 days from today. (iii) that in terms of the aforesaid settlement, the suit filed by the respondent shall be decreed accordingly.

5.

The respondent, who is appearing in person, submits that the aforesaid terms and conditions are acceptable to him. He further submits

 that he has no objection if the main suit pending before the trial Court is decided accordingly.

6.

In view of the above, the present civil revision stands disposed of.

7.

Both the parties shall remain bound by the terms and conditions recorded in the present order. In case any of the parties does not adhere to the aforesaid terms and conditions, the trial Court shall decide the matter on merits, as per law.

8.

Pending miscellaneous applications, if any, shall stand disposed of.

(HARPREET KAUR JEEWAN) JUDGE 18th February 2026 simran Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No