IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2023 (Arising out of SLP(Civil) No. 7815 of 2022
PUNEET SHARMA ..... APPELLANT
VERSUS
ARCHANA SHARMA AND ANOTHER ..... RESPONDENTS
O R D E R
Leave granted.
During the course of hearing before us, it is pointed out that
the property – Flat No. 576, Sanskriti Apartments, Sector 19-B,
Dwarka, New Delhi (the ‘flat’’), is in possession of the appellant
- Puneet Sharma, and respondent no.1 - Archana Sharma also resides
in the flat.
The family settlement, no doubt, is a disputed document, but
the genuineness of the same is a matter of evidence.
In the given factual background, we are of the opinion that
the trial court and the High Court were wrong in not granting
injunction, restraining the respondents before us from selling,
alienating or creating third party interests in respect of the
flat.
The learned counsel for the respondents has stated that the
flat is a subject matter of proceedings initiated under the
Securitisation and Reconstruction of Financial Assets and
1
Enforcement of Security Interest Act, 2002. In case the flat is
sold by the bank/creditor, it may not fetch the true and correct
market value.
In view of the aforesaid position, we observe that it will be
open to the respondents before us to approach the trial court and
seek permission for sale of the flat, which application, if filed,
would be considere...