Shivani Sobti vs Kuldip Sobti on 23 July, 2026

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    Delhi High Court

    Shivani Sobti vs Kuldip Sobti on 23 July, 2026

    Author: Subramonium Prasad

    Bench: Subramonium Prasad

                              $~75
                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
    
                                                                           Date of decision: 23rd JULY, 2026
    
                              +      CS(OS) 635/2023, I.A. 20154/2023, I.A. 20155/2023, I.A.
                                     21531/2023, I.A. 3175/2024, I.A. 13892/2025, I.A. 23171/2025, I.A.
                                     30975/2025, I.A. 32253/2025, I.A. 32394/2025
                                     SHIVANI SOBTI                                          .....Plaintiff
                                                         Through:      Mr. Neeraj Jain and Mr. Rishi Raj
                                                                       Sharma, Advocates for Plaintiff
    
                                                         versus
    
                                     KULDIP SOBTI                                        .....Defendant
                                                         Through:      Mr.Sunil Dalal Sr.Adv, Ms Dipika
                                                                       Prasad, Mr Ankit Rana, Mr Bharat
                                                                       Khurana, Advs.
                                                                       Mr. Rajshekher Rao Sr. Adv, Adv
                                                                       Naveen Shrama, Adv Aashna
                                                                       Chawla, Adv Aman Jwala on behalf
                                                                       of the Applicant.
    
                                     CORAM:
                                     HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
                                                         JUDGMENT (ORAL)

    1. The present Suit has been filed by the Plaintiff seeking a decree of
    permanent injunction against the Defendant in respect of property bearing
    Municipal No. XVI/2105, Block-G, Desh Bandhu Gupta Road, Karol Bagh,
    New Delhi (hereinafter referred to as the “Suit Property”).

    2. The case of the plaintiff, as stated in the plaint, is that she is the owner
    of the first floor, second floor and third floor of the Suit Property by virtue

    SPONSORED

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    of two registered Gift Deeds dated 04.02.2000, executed by the Defendant
    and a Will dated 08.04.2022. According to the Plaintiff, the Defendant has
    no right to interfere with her peaceful use, occupation and possession of the
    aforesaid portions of the property or to obstruct her enjoyment of the
    easementary rights appurtenant thereto. The plaintiff asserts that disputes
    arose between the parties in relation to the use and enjoyment of the terrace
    and common portions of the Property. It is stated that the Defendant has
    been interfering with the Plaintiff’s peaceful possession and has been
    obstructing her ingress and egress, besides creating hindrance in the
    enjoyment of the common areas, water tanks and solar panels installed on
    the terrace of the third floor. Apprehending further interference at the hands
    of the Defendant, the Plaintiff has filed the present Suit. Along with the Suit,
    the Plaintiff also filed an application under Order XXXIX Rules 1 and 2
    CPC praying for an interim order restraining the Defendant from interfering
    with her peaceful use, occupation and possession of the suit property and
    from creating any third-party rights or otherwise altering the existing state of
    affairs of the Suit Property pending adjudication of the Suit.

    3. The matter was taken up for hearing on 12.10.2023 when this Court
    issues summons in the Suit and considering the urgency projected by the
    plaintiff directed the parties to maintain status quo as regards title and
    possession of the suit property till the next date of hearing. Relevant portion
    of the said Order reads as under:

    “I.A. 20154/2023 (under Order 39 R 1 & 2 CPC)

    Present application has been filed under Order
    39 Rules 1 & 2 CPC with the following prayer:

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    a) Restrain the Defendant, his legal heirs, his
    agents, representatives and servants from
    interfering with the plaintiffs peaceful use,
    occupation and possession of the suit property
    i.e. the First, Second & Third Floors of the
    property hearing Municipal No. XVI / 2105,
    Block-G, Desh Bandhu Gupta Road, Karol
    Bagh, New Delhi, and/or;

    b) Restrain the Defendant, his legal heirs, his
    agents, representatives and servants from
    raising loans, advances from third parties and
    selling, transferring, creating any third party
    interests, encumbrances, charges, lien on the
    suit property i.e. the First, Second & Third
    Floors of the property hearing Municipal No.
    XVI / 2105, Block-G, Desh Bandhu Gupta
    Road, Karol Bagh, New Delhi and/or;

    c) Restrain the Defendant, his legal heirs, his
    agents, representatives and servants from
    creating any hindrance in the ingress and
    egress of the plaintiff in the suit property, and /
    or;

    d) Restrain the Defendant, his legal heirs, his
    agents, representatives and servants from
    creating any hindrance in the plaintiffs
    easementary rights including access to and use
    of the common areas as well as the water tanks
    and solar panel installed on the terrace of the
    3rd Floor of the suit property, and /or;

    e) Ex-parte orders in terms of prayers (a) to (d)
    may kindly he passed against the defendant,
    and/or; f Any other or further orders as this
    Hon’hle Court deems fit in the facts and
    circumstances of the case

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    On a prima facie consideration of facts and materials
    placed on record, this Court is of the opinion that the
    plaintiff has made out a case for ex parte ad-interim
    orders. The balance of convenience lies in favour of
    the plaintiff, and there is likelihood of irreparable
    injury being caused to the plaintiff.

    Issue notice to the respondent through all
    permissible modes, returnable before the Joint
    Registrar on 02.11.2023 for completion of pleadings.

    Learned counsel for the petitioner submits that a
    local commissioner be appointed to ascertain the
    possession of the property in question.

    In view of the request made, Ms. Nikita Kaushik
    (M.No.9810510044) is appointed as a Local
    Commissioner. Fee of the Local Commissioner is fixed
    at Rs.50,000/- to be paid by the plaintiff.

    Report of the Local Commissioner shall be
    submitted within one week.

    The parties are directed to maintain status quo
    as to title and possession of the suit property till the
    next date of hearing.

    Reply to the application be filed within four
    weeks. Rejoinder thereto, if any, be filed within three
    weeks thereafter.

    Provisions of Order XXXIX Rule 3 of the Code
    of Civil Procedure
    , 1908 be complied with within one
    week.”

    (Emphasis Supplied)

    4. The said interim order continued to remain in operation from time to

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    time and admittedly was never vacated.

    5. Written Statement was filed by the Defendant. While admitting the
    execution of the Gift Deeds dated 04.02.2000 and the Will dated
    08.04.2022, the Defendant disputed the Plaintiff’s claim in relation to the
    open terrace portion on the third floor. According to the Defendant, although
    the Plaintiff was the owner of the built-up portions of the first, second and
    third floors, the terrace and roof rights continued to vest in the Defendant.
    The controversy between the parties, therefore, narrowed down to the
    interpretation of the Gift Deeds and the nature and extent of the rights
    transferred thereunder.

    6. Material on record indicates that while the interim order dated
    12.10.2023, directing maintenance of status quo remained in force, the
    Plaintiff executed a registered Sale Deed dated 16.04.2025 in favour of M/s
    Easy Builders Private Limited, whereby the Plaintiff transferred her entire
    right, title and interest in the first floor, second floor and third floor of the
    Suit Property in favour of the said purchaser for valuable consideration. The
    execution of the said Sale Deed is not in dispute.

    7. According to the Defendant, the execution of the Sale Deed during the
    operation of the order dated 12.10.2023 amounted to a deliberate and
    conscious violation of the direction issued by this Court requiring the parties
    to maintain status quo as regards title and possession of the suit property. On
    the aforesaid premise, the Defendant filed I.A. No.13892/2025 under Order
    XXXIX Rule 2A CPC
    read with Section 14 of the Contempt of Courts Act,
    1971 and Article 215 of the Constitution of India alleging wilful
    disobedience of the order dated 12.10.2023 by the Plaintiff. In the said
    Application, the Defendant asserted that despite being fully aware of the

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    subsisting order of status quo, the Plaintiff had proceeded to alienate the suit
    property in favour of a third party, thereby frustrating the very purpose of
    the interim order passed by this Court.

    8. On 09.07.2026 learned Counsel appearing for the Plaintiff made an
    oral application in Court that the Plaintiff wants to withdraw the present
    Suit. The said application was strongly opposed by the learned Counsel for
    the Defendant stating that withdrawal cannot be permitted as the Plaintiff
    has violated the status quo order passed by this Court and has created third
    party rights in the Suit Property and therefore, the Plaintiff cannot be
    permitted to withdraw the Suit and wash her hands away.

    9. Substantial arguments have been heard on the question as to whether
    the Plaintiff must be allowed to withdraw the Suit unconditionally or not in
    light of the fact that the Plaintiff has violated the Order dated 12.10.2023,
    passed by this Court, directing the parties to maintain status quo with regard
    to the title and possession of the Suit Property.

    10. Learned Counsel for the Plaintiff contends that the Plaintiff is giving
    an unconditional apology. Learned Counsel for the Defendant contends that
    in view of the fact that status quo order has been violated, the sale deed has
    to be held to be void ab initio whereas the learned Counsel appearing for the
    Builder/Purchaser states that the Builder/Purchaser being a bona fide
    purchaser cannot be left high and dry as the Builder/Purchaser purchased the
    Suit Property without knowing the dispute. Learned Counsel for the
    Builder/Purchaser also state that the Builder/Purchaser has put in good
    money in purchasing the property.

    11. Heard the learned Counsels for the parties and perused the material on
    record.

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    12. The fact that the Plaintiff has filed its reply to I.A. No.13892/2025. A
    perusal of the reply shows that the Plaintiff accepts that the Order of status
    quo has been violated. Though she has tendered an apology, but the same is
    qualified by justification for the sale of the property. The question which has
    to be considered is as to whether the apology given by the Plaintiff is
    unconditional or not. In the opinion of this Court, a reading of the affidavit
    filed in reply to I.A. No.13892/2025 shows that the apology given by the
    Plaintiff is not an unconditional apology. It is only an apology in the
    alternative. A Full Bench of this Court in Surat Singh v. Des Raj etc., 1967
    SCC OnLine Del 169, while stating as to what should be the nature of the
    apology of a Contemnor, has held as under:

    “6. Before dealing with the case on the merits, we
    consider it proper once again to repeat what is
    axiomat and is, without doubt, well-known. An apology
    by a contemner, in order to be a mitigation factor,
    must, another things, be outpouring of a penitent heart
    moved by a genuine feeling of remorse and it must
    never be an apology or a convenient device to escape
    punishment. There cannot be both justification and
    apology, for they are incompatible. An apology is not
    a weapon to purge the guilt, it is merely meant to
    serve as an evidence of real contrition. Those who
    drafted affidavits on behalf of both the contemners
    before us seem to be labouring under wholly erroneous
    and unfounded impression that the stage apology
    comes only after the Court holds them guilty of
    contempt. This is a complete misconception of the real
    legal position and has been repeatedly pointed out in a
    long series of cases the latest one being a Bench
    decision of this Court in R.K. Gupta v. Delhi
    Administration, Cr. O. 36 of 1967 decided on 13-9-

    1967(1).” (emphasis supplied)

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    13. Similarly, a Division Bench of this Court in H. Syama Sundara Rao
    v. Union of India and others
    , 2006 SCC OnLine Del 1392, while dealing
    with the issue of apology in contempt proceedings, has observed as under:-

    “23. We may now deal with the question of apology, In
    the course of arguments, the petitioner did apologize
    to the advocate for the respondents. However,
    immediately thereafter, the petitioner pressed his
    arguments in reply to the notice to show cause and
    stated that he had in fact not committed any
    contempt. Even in the written submissions handed over
    by the petitioner in the course of arguments on 2nd
    November, 2006, the petitioner starts by saying “he
    has not committed any contempt and in fact it is the
    advocate for the respondents who has committed
    professional misconduct, criminal contempt and fraud
    on judiciary.” Thereafter, the petitioner has reiterated
    all the averments that he made against the advocate in
    the notices served upon the advocate as also in the
    earlier reply to the notice to show cause issued by us.
    The petitioner was informed by the Court that if he
    thought it proper he may tender an unconditional
    apology and that he could not add any riders or
    stipulations to his apology. The petitioner thereafter
    continued to address us on the contempt and sought
    to justify his acts. Therefore, the question of dropping
    the proceedings was ruled out.

    24. The conduct of the petitioner shows that the
    apology tendered by him was only paying a lip service
    and was a mere device adopted to escape the
    punishment of his conduct. He is not feeling
    repentant or remorseful for his conduct. In any case,
    such an apology which has been tendered by the
    petitioner in one breath while in other breath, it is
    coupled with fresh allegations against the counsel for
    the respondents, cannot be accepted or taken note of.
    It is beyond any cavil that, an apology by a contemner

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    does not entitle him to an order of discharge and it
    merely mitigates the offence in certain circumstances
    and indeed, the Court has to consider the matter only
    from the point of view of administration of justice. A
    Full Bench of this Court in the case of State v. Bhavani
    Singh
    reported as ILR (1968) Delhi 1 observed as
    below:

    “………In order to be a mitigating factor, the apology
    must be tendered at the earliest opportunity and it must
    be outpouring of a penitent heart moved by a genuine
    feeling of remorse and overcome by a sense of one’s
    guilt. It should not be merely an apology for an
    apology or a convenient device to escape punishment.
    Belated apology as an afterthought thus serves no
    purpose. It must be indicative of repentant regret and
    contrition tendered at the earliest opportunity,
    exhibiting realisation of wrong having been done by
    the contemner and it must be free and frank
    expressions of his feelings.”

    25. Same is the opinion expressed by the; Supreme
    Court in the cases of Shri C.K. Daphtary Sr. Advocate
    v. Shri O.P. Gupta
    reported as (1971) 1 SCC 626 : AIR
    1971 SC 1132 : (1971 Cri LJ 844) and National Textile
    Workers‟ Union v. P.R. Ramakrishnan
    reported as
    (1983) 3 SCC 105 : AIR 1983 SC 759 : (1983 Cri LJ
    1102).

    26. In AIR 1940 Nag 407Sub-judge First Class
    Hoshangabad v. Jawaharlal Ramchand. it was held
    that:

    “An apology is not a weapon of defence forged to
    purged the guilty of their offences. It is not an
    additional insult to be hurled at the heads of those who
    have been wronged. It is “intended to be evidence of
    real contriteness, the manly consciousness of a wrong

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    done, of an injury inflicted, and the earnest desire to
    make such reparation as lies in the wrong doer’s
    power. Only then is it of any avail in a court of
    justice……. Apology must, in order to dilute the gravity
    of the offence, be voluntary, unconditional and
    indicative of the remorse and contrition and it must be
    tendered at the earliest opportunity.”

    27. In AIR 1955 SC 19 : (1955 Cri LJ 133) M. Shareef
    v. Hon’ble Judges of Nagpur Court, it was observed as
    below:

    “There cannot be both justification and an apology.
    The two things are incompatible.”

    28. Where the stand taken by the contemner in the
    show cause petition was that if the Court considered
    that contempt had been committed then he tendered an
    un qualified apology and the proceeding was hotly
    contested, the apology offered by counsel was held to
    have been robbed of all grace and the show of regret
    was held to be un worthy of consideration, and a
    Division Bench of the Patna High Court in the matter
    of Bholanath Chaudhary reported in AIR 1961 Pat 1 :

    (1961 (1) Cri LJ 134) noted that:

    “The question as to whether the Court should or
    should not accept the apology would depend upon the
    circumstances of each particular case and a Court can
    refuse to accept an apology if it is not believed to be
    genuine and even if it is accepted, it can commit the
    offender to prison or otherwise punish him.”

    29. In a recent judgment delivered by a Division Bench
    of this Court on 19th October, 2006 in the case, Court
    on its own motion v. Mr. Gulshan Bajwa, (Cri. Cont.
    Case Nos. 16 and 17/2006) in relation to the law of
    tendering and accepting an apology, it has been

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    observed as below:

    “It is a settled principle of law that an apology besides
    being expressed in words literally should be bona fide
    and a real repentance of the offending acts. Normally,
    offer of an apology should be right at the initial stages
    besides being bona fide and upon complete realisation
    of the mistakes done, should also be unequivocal
    declaration of genuine concern for due course of
    administration of justice and upholding of the dignity.
    If any of these ingredients are missing, the apology
    may not be accepted by the Court as it lacks real intent
    of bona fide.”

    30. To the same effect are the Judgments of the
    Supreme Court in the cases of Jaikwal v. State of U.P.
    reported as (1984) 3 SCC 405 : AIR 1984 SC 1374 :

    (1984 Cri LJ 909) and M.V. Shareef v. The Hon’ble
    Judges of the High Court of Nagpur reported as AIR
    1995 SC 19.” (emphasis supplied)

    14. A perusal of the aforesaid judgments would show that justification
    and apology cannot go in hand and they are incompatible. An apology is the
    acceptance of guilt and the person who apologizes for the mistake actually
    prays for apology of contempt by expressing sincere regard for atonement of
    that guilt.

    15. This Court is aware that the power to punish for contempt is a special
    power and needs to be exercised with care and caution, and it should be used
    sparingly by the Courts. The contempt jurisdiction should be confined to the
    question whether there has been any deliberate disobedience of the order of
    the court and whether the conduct of the party who is alleged to have
    committed such disobedience is contumacious or not. [Refer to:- Jhareswar
    Prasad Paul v. Tarak Nath Ganguly
    , (2002) 5 SCC 352].

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    16. The Supreme Court in Re: Vinay Chandra, (1995) 2 SCC 584, had
    delineated the purpose of the law of contempt in building confidence in the
    judicial process. The relevant paragraph of the said judgment has been
    reproduced as follows:

    “39. The rule of law is the foundation of a democratic
    society. The Judiciary is the guardian of the rule of
    law. Hence judiciary is not only the third pillar, but the
    central pillar of the democratic State. In a democracy
    like ours, where there is a written Constitution which is
    above all individuals and institutions and where the
    power of judicial review is vested in the superior
    courts, the judiciary has a special and additional duty
    to perform, viz., to oversee that all individuals and
    institutions including the executive and the legislature
    act within the framework of not only the law but also
    the fundamental law of the land. This duty is apart
    from the function of adjudicating the disputes between
    the parties which is essential to peaceful and orderly
    development of the society. If the judiciary is to
    perform its duties and functions effectively and remain
    true to the spirit with which they are sacredly entrusted
    to it, the dignity and authority of the courts have to be
    respected and protected at all costs. Otherwise, the
    very cornerstone of our constitutional scheme will give
    way and with it will disappear the rule of law and the
    civilized life in the society. It is for this purpose that the
    courts are entrusted with the extraordinary power of
    punishing those who indulge in acts whether inside or
    outside the courts, which tend to undermine their
    authority and bring them in disrepute and disrespect
    by scandalising them and obstructing them from
    discharging their duties without fear or favour. When
    the court exercises this power, it does not do so to
    vindicate the dignity and honour of the individual
    judge who is personally attacked or scandalised, but to
    uphold the majesty of the law and of the administration

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    of justice. The foundation of the judiciary is the trust
    and the confidence of the people in its ability to deliver
    fearless and impartial justice. When the foundation
    itself is shaken by acts which tend to create disaffection
    and disrespect for the authority of the court by creating
    distrust in its working, the edifice of the judicial system
    gets eroded.”

    17. The purpose of contempt jurisdiction is to uphold the majesty and
    dignity of the courts of law, since the respect and authority commanded by
    the courts of law are the greatest guarantee to an ordinary citizen and the
    democratic fabric of society will suffer if respect for the judiciary is
    undermined.

    18. As stated hereinabove, the apology cannot be accepted as the a Reply
    has been filed subsequent to the filing of the unconditional apology
    justifying the actions. Further, the plea that contempt is not made out and
    the apology is only in the alternative cannot be accepted.

    19. However, considering the fact that the Plaintiff is a lady of
    considerable age, this Court is not inclined to send the Plaintiff to prison.
    Though Order XXXIX Rule 2A CPC does not provide for imposing any
    other penalty other than three months’ imprisonment for violation of the
    Orders of the Court, the provisions under the Contempt of Courts Act, 1971
    are also attracted in the present case as the Plaintiff has willfully disobeyed
    the Orders of this Court. In light of the above, this Court is inclined to
    impose a fine of Rs.2,000/- on the Plaintiff for contempt of Court under
    Section 12 of the Contempt of Courts Act, 1971.

    20. The Suit Property has been sold to the Buyer/Purchaser in violation
    of the status quo order passed by this Court. Learned Counsel for the

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    Buyer/Purchaser places reliance on Section 52 of the Transfer of Property
    Act to state that sale of the Suit Property is bona fide in nature. The question
    as to whether a sale under Section 52 of the Transfer of Property Act would
    save such transaction has been dealt with by the Apex Court in Balwantbhai
    Somabhai Bhandari v. Hiralal Somabhai
    , (2023) 17 SCC 545, wherein the
    Apex Court has held as under:

    “80. We now proceed to answer the third question
    formulated by us as regards the power of the contempt
    court to declare any contemptuous transaction non est
    or void.

    81. A three-Judge Bench of this Court in SBI v. Vijay
    Mallya [SBI v. Vijay Mallya, (2024) 12 SCC 85 : 2022
    SCC OnLine SC 826] , in clear terms said that apart
    from punishing the contemnor for his contumacious
    conduct, the majesty of law may demand that
    appropriate directions be issued by the Court so that
    any advantage secured as a result of such
    contumacious conduct is completely nullified. The
    approach may require the Court to issue directions
    either for reversal of the transactions in question by
    declaring said transactions to be void or passing
    appropriate directions to the authorities concerned to
    see that the contumacious conduct on the part of the
    contemnor does not continue to enure to the advantage
    of the contemnor or anyone claiming under him.

    82. It would be pertinent, in this context, to refer to the
    decision of the Chancery Division in Clarke v.
    Chadburn [Clarke v. Chadburn, (1985) 1 WLR 78] ,
    wherein it was held that an act done in wilful
    disobedience of an injunction or court order is not only
    a contempt of court, but also an illegal and invalid act
    which could not, therefore, effect any change in the
    rights and liabilities of others. Similar view was

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    expressed by this Court in Satyabrata Biswas v. Kalyan
    Kumar Kisku [Satyabrata Biswas
    v. Kalyan Kumar
    Kisku, (1994) 2 SCC 266] , wherein the contempt
    jurisdiction was invoked by the respondents against the
    appellants, and during the contempt proceedings, it
    transpired that a sub-tenancy was created while the
    status quo order was in operation. This Court held that
    creation of sub-tenancy was in violation of the status
    quo order and parties were relegated to the position as
    existed on the date of the status quo order. This Court,
    inter alia, observed thus : (Satyabrata Biswas case
    [Satyabrata Biswas v. Kalyan Kumar Kisku, (1994) 2
    SCC 266] , SCC p. 276, para 23)

    “23. … Such an order cannot be circumvented by
    parties with impunity and expect the court to
    confer its blessings. It does not matter that to the
    contempt proceedings Somani Builders was not a
    party. It cannot gain an advantage in derogation
    of the rights of the parties, who were litigating
    originally. If the right of sub-tenancy is
    recognised, how is status quo as of 15-9-1988
    maintained? Hence, the grant of sub-lease is
    contrary to the order of status quo. Any act done
    in the teeth of the order of status quo is clearly
    illegal. All actions including the grant of sub-
    lease are clearly illegal.” (emphasis supplied)

    83. We are aware of the two decisions of this Court
    one in Thomson Press (India) Ltd. v. Nanak Builders &
    Investors (P) Ltd. [Thomson Press (India) Ltd.
    v.
    Nanak Builders & Investors (P) Ltd., (2013) 5 SCC
    397 : (2013) 3 SCC (Civ) 1] and T. Ravi [T. Ravi v. B.
    Chinna Narasimha
    , (2017) 7 SCC 342 : (2017) 3 SCC
    (Civ) 666] . In both these decisions, the view taken is
    that Section 52 of the Transfer of Property Act, 1882
    (for short “the 1882 Act”) does not render transfers
    affected during the pendency of the suit void but only

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    render such transfers subservient to the rights as may
    be eventually determined by the court.

    84. In Thomson Press [Thomson Press (India) Ltd. v.
    Nanak Builders & Investors (P) Ltd.
    , (2013) 5 SCC
    397 : (2013) 3 SCC (Civ) 1] , T.S. Thakur, J. in his
    separate judgment while supplementing the judgment
    authored by M.Y. Eqbal, J., observed as under : (SCC
    p. 424, para 53)

    “53. There is, therefore, little room for any doubt
    that the transfer of the suit property pendente lite
    is not void ab initio and that the purchaser of any
    such property takes the bargain subject to the
    rights of the plaintiff in the pending suit. Although
    the above decisions do not deal with a fact
    situation where the sale deed is executed in
    breach of an injunction issued by a competent
    court, we do not see any reason why the breach of
    any such injunction should render the transfer
    whether by way of an absolute sale or otherwise
    ineffective. The party committing the breach may
    doubtless incur the liability to be punished for the
    breach committed by it but the sale by itself may
    remain valid as between the parties to the
    transaction subject only to any directions which
    the competent court may issue in the suit against
    the vendor.” (emphasis supplied)

    85.Thomson Press [Thomson Press (India) Ltd. v.
    Nanak Builders & Investors (P) Ltd.
    , (2013) 5 SCC
    397 : (2013) 3 SCC (Civ) 1] referred to above has been
    relied upon in T. Ravi [T. Ravi v. B. Chinna
    Narasimha
    , (2017) 7 SCC 342 : (2017) 3 SCC (Civ)
    666] for the proposition that the effect of Section 52 of
    the 1882 Act is not to render transfers effected during
    the pendency of a suit by a party to the suit void; the
    transfer remains valid subject, of course, to the result

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    of the suit. The pendente lite purchaser would be
    entitled to or suffer the same legal rights and
    obligations of his vendor as may be eventually
    determined by the Court.

    86. This Court in DDA v. Skipper Construction Co. (P)
    Ltd. [DDA
    v. Skipper Construction Co. (P) Ltd., (1996)
    4 SCC 622] , held that the legal consequences of what
    has been done in breach of or in violation of the order
    of stay or injunction should be undone and the parties
    could be put back to the same position as they stood
    immediately prior to such order of stay or injunction to
    not let the defaulting party enjoy any undue advantage.
    This Court while relying upon cases decided by
    various High Courts held as under : (SCC pp. 635-37,
    paras 18-21)

    “The contemnor should not be allowed to enjoy or
    retain the fruits of his contempt

    ***

    18. The above principle has been applied even in
    the case of violation of orders of injunction issued
    by civil courts. In Clarke v. Chadburn [Clarke v.
    Chadburn, (1985) 1 WLR 78] Sir Robert Megarry
    V-C observed : (WLR pp. 80-81)

    „I need not cite authority for the proposition
    that it is of high importance that orders of
    the court should be obeyed. Wilful
    disobedience to an order of the court is
    punishable as a contempt of court, and I feel
    no doubt that such disobedience may
    properly be described as being illegal. If by
    such disobedience the persons enjoined
    claim that they have validly effected some
    change in the rights and liabilities of others,

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    I cannot see why it should be said that
    although they are liable to penalties for
    contempt of court for doing what they did,
    nevertheless those acts were validly done. Of
    course, if an act is done, it is not undone
    merely by pointing out that it was done in
    breach of the law. If a meeting is held in
    breach of an injunction, it cannot be said
    that the meeting has not been held. But the
    legal consequences of what has been done in
    breach of the law may plainly be very much
    affected by the illegality. It seems to me on
    principle that those who defy a prohibition
    ought not to be able to claim that the fruits of
    their defiance are good, and not tainted by
    the illegality that produced them.‟

    19. To the same effect are the decisions of the
    Madras and Calcutta High Courts in Century
    Flour Mills Ltd. v. S. Suppiah [Century Flour
    Mills Ltd. v. S. Suppiah, 1975 SCC OnLine Mad
    73 : AIR 1975 Mad 270] and Sujit Pal v. Prabir
    Kumar Sun [Sujit Pal v. Prabir Kumar Sun, 1985
    SCC OnLine Cal 146 : AIR 1986 Cal 220 : (1985-

    86) 90 CWN 342] . In Century Flour Mills Ltd. v.
    S. Suppiah [Century Flour Mills Ltd. v. S.
    Suppiah, 1975 SCC OnLine Mad 73 : AIR 1975
    Mad 270] it was held by a Full Bench of the
    Madras High Court that where an act is done in
    violation of an order of stay or injunction, it is the
    duty of the court, as a policy, to set the wrong
    right and not allow the perpetuation of the
    wrongdoing. The inherent power of the court, it
    was held, is not only available in such a case, but
    it is bound to exercise it to undo the wrong in the
    interest of justice. That was a case where a
    meeting was held contrary to an order of
    injunction. The Court refused to recognise that

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    the holding of the meeting is a legal one. It put
    back the parties in the same position as they stood
    immediately prior to the service of the interim
    order.

    20. In Sujit Pal [Sujit Pal v. Prabir Kumar Sun,
    1985 SCC OnLine Cal 146 : AIR 1986 Cal 220 :

    (1985-86) 90 CWN 342] a Division Bench of the
    Calcutta High Court has taken the same view.
    There, the defendant forcibly dispossessed the
    plaintiff in violation of the order of injunction and
    took possession of the property. The Court
    directed the restoration of possession to the
    plaintiff with the aid of police. The Court
    observed that no technicality can prevent the
    court from doing justice in exercise of its inherent
    powers. It held that the object of Rule 2-A of
    Order 39 will be fulfilled only where such
    mandatory direction is given for restoration of
    possession to the aggrieved party. This was
    necessary, it observed, to prevent the abuse of
    process of law.

    21. There is no doubt that this salutary rule has to
    be applied and given effect to by this Court, if
    necessary, by overruling any procedural or other
    technical objections. Article 129 is a
    constitutional power and when exercised in
    tandem with Article 142, all such objections
    should give way. The court must ensure full
    justice between the parties before it.” (emphasis
    supplied)

    87. This Court in Vidur Impex & Traders (P) Ltd. v.
    Tosh Apartments (P) Ltd. [Vidur Impex & Traders (P)
    Ltd.
    v. Tosh Apartments (P) Ltd., (2012) 8 SCC 384 :

    (2012) 4 SCC (Civ) 1] , while deciding on a similar
    factual scenario held that the sale transactions

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    conducted in teeth of the injunction passed by the Delhi
    High Court did not have any legal basis. This Court
    held as under : (SCC p. 414, para 42)

    “42. … At the cost of repetition, we consider it
    necessary to mention that Respondent 1 had filed
    suit for specific performance of agreement dated
    13-9-1988 executed by Respondent 2. The
    appellants and Bhagwati Developers are total
    strangers to that agreement. They came into the
    picture only when Respondent 2 entered into a
    clandestine transaction with the appellants for
    sale of the suit property and executed the
    agreements for sale, which were followed by
    registered sale deeds and the appellants executed
    agreement for sale in favour of Bhagwati
    Developers. These transactions were in clear
    violation of the order of injunction passed by the
    Delhi High Court which had restrained
    Respondent 2 from alienating the suit property or
    creating third-party interest. To put it differently,
    the agreements for sale and the sale deeds
    executed by Respondent 2 in favour of the
    appellants did not have any legal sanctity. The
    status of the agreement for sale executed by the
    appellants in favour of Bhagwati Developers was
    no different. These transactions did not confer any
    right upon the appellants or Bhagwati
    Developers. Therefore, their presence is not at all
    necessary for adjudication of the question
    whether Respondents 1 and 2 had entered into a
    binding agreement and whether Respondent 1 is
    entitled to a decree of specific performance of the
    said agreement.” (emphasis supplied)

    88. The decision of Vidur Impex [Vidur Impex &
    Traders (P) Ltd. v. Tosh Apartments (P) Ltd.
    , (2012) 8
    SCC 384 : (2012) 4 SCC (Civ) 1] was relied upon by

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    this Court in Jehal Tanti v. Nageshwar Singh [Jehal
    Tanti v. Nageshwar Singh, (2013) 14 SCC 689 : (2014)
    3 SCC (Civ) 512 : AIR 2013 SC 2235] , wherein it was
    held that : (Jehal Tanti case [Jehal Tanti v. Nageshwar
    Singh
    , (2013) 14 SCC 689 : (2014) 3 SCC (Civ) 512 :

    AIR 2013 SC 2235] , SCC p. 695, para 13)

    “13. We may also notice Section 23 of the
    Contract Act, 1872, which lays down that:

    „23. What considerations and objects are
    lawful, and what not.–The consideration or
    object of an agreement is lawful, unless–

    it is forbidden by law; or

    is of such a nature that, if permitted, it
    would defeat the provisions of any law; or

    is fraudulent; or involves or implies injury
    to the person or property of another; or
    the court regards it as immoral, or
    opposed to public policy.‟

    In each of these cases, the consideration
    or object of an agreement is unlawful and
    every agreement executed with such an
    object or consideration which is unlawful
    is void. Since the sale deed was executed
    in favour of Respondent 1 in the teeth of
    the order of injunction passed by the trial
    court, the same appears to be unlawful.”

    (emphasis supplied)

    89. Thus, although Section 52 of the 1882 Act does not
    render a transfer pendente lite void yet the court while
    exercising contempt jurisdiction may be justified to
    pass directions either for reversal of the transactions

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    in question by declaring the said transactions to be
    void or proceed to pass appropriate directions to the
    authorities concerned to ensure that the contumacious
    conduct on the part of the contemnor does not continue
    to enure to the advantage of the contemnor or anyone
    claiming under him.”

    21. A perusal of the abovementioned judgment shows that the transaction
    between the Builder and the Plaintiff is bad and the protection under Section
    52
    of the Transfer of Property Act is not available in such transactions. In
    fact, the Apex Court in Chander Bhan v. Mukhtiar Singh, (2024) 13 SCC
    122, goes to the extent that even notice is not required to such purchasers.

    22. In view of the above, the transaction is bad. It is open for the
    Builder/Purchaser to take steps in accordance with law.

    23. The issue as to whether the sale is bona fide or not, etc. are not
    adjudicated in this Suit.

    24. The Plaintiff who is present in Court today states that she wants to
    withdraw the Suit unconditionally. Learned Counsel for the Plaintiff has
    identified the Plaintiff, and he also seeks permission to withdraw the Suit
    unconditionally.

    25. Statement is taken on record.

    26. The Suit is disposed of as withdrawn, along with the pending
    applications, if any.

    SUBRAMONIUM PRASAD, J
    JULY 23, 2026
    Rahul/VG

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