IN THE COURT OF LD.

SENIOR CIVIL JUDGE, SAKET COURTS

COMPLEX, NEW DELHI
CIVIL SUIT No……………of 2014

IN THE MATTER OF:

Sh. Bishan Singh
S/O Late Sh. Chandagi Ram
R/O House No.108, Dera Village,
New Delhi … Plaintiff

VERSUS

1. Sunita @ Soni
W/o Late Sh. Ajeet Singh
D/o Sh. Prakash
R/O House No.108, Dera Village,
New Delhi

2. Prakash
R/O House No………………. … Defendants

SUIT FOR PERMANENT INJUNCTION

THE PLAINTIFF MOST RESPECTFULLY SUBMITS AS UNDER:

1. That the plaintiff is the resident of the aforesaid address and

residing with his family. That the defendant no.1 is the widow of

late Sh. Ajeet Singh, and the defendant no.2 is the father of the

defendant no.1, defendant is residing in the portion of House

No.108, Village Dera, New Delhi. It is pertinent to mention herein

that Sh. Ajeet Singh was the nephew of the plaintiff.

2. That Late Sh. Chandagi Ram, father of the plaintiff has purchased

House No. 108, Dera Village, New Delhi, admeasuring 450 Sq.yds.

(hereinafter referred as suit property) from Durga in the year 1970

and constructed the same for residential purpose and then started

residing with his family. It is pertinent to mentioned herein that late

father of plaintiff has bequeathed the suit property in favour of his

 wife Smt. Papai vide the WiLL executed in favour of Smt. Papai

(mother of plaintiff) in the year 1988. Father of plaintiff was

demised on 11.07.1989 and thereafter the mother of plaintiff

became the absolute owner and in possession of the suit property

as no one in the family challenged bequeath in any manner.

3. That the suit property of the plaintiff are more specifically described

and shown in the rought sketch plan in green colour, which is

bounded as under:

East : Other’s Property

West : Other’s Property
North : Road
South : Other’s Property

The rought site plan of the suit property is annexed herewith as

Annexure P-1.

4. That after the death of father of plaintiff, mother of the plaintiff was

the absolute owner of House No. 108, Dera Village, New Delhi,

admeasuring 450 Sq.yds. and she bequeath the suit property in

favour of the plaintiff vide the registered WiLL dated 18.05.2011,

duly registered on 23.05.2011 in the office of Sub-Registrar V, New

Delhi vide document no. 2436 in Addl. Book No. 3, Volume

No…….., page no.86 to 89. True copy of the Will registered on

23.05.2011 is annexed herewith as Annexure P-2.

5. That mother of plaintiff was demised on 01.05.2013 and since then

the plaintiff is the sole owner and in possession of the suit property.

It is pertinent to mention herein that the plaintiff has not evicted

any family member from the suit property and acted for the welfare

of the entire family and also allowed the defendant no.1 to reside in

the suit property as shown in the green colour in the rough sketch

plan.
6. That defendant no.2 was occasionally visited the defendant no.2

when the husband of the defendant no.1 was alive but after death

of the husband of the defendant no.1, defendant no.2 frequently

started visiting the defendant no.1. Plaintiff has noticed that as and

when the defendant no.2 visited the defendant no.1, the defendant

no.1 started creating troubles to the plaintiff and told the other

family members that she has right in the suit property after the

death of the mother of the plaintiff.

7. That thereafter the plaintiff has informed all the family members

that his mother Smt. Papai has bequeathed the entire suit property

including the portion/plot wherein the defendant no.1 is residing,

vide the WiLL registered on 23.05.2011.

8. That the defendant no.1 has called the defendant no.2 who talked

to the plaintiff and then the plaintiff has also informed that the

entire property is bequeathed by his mother in the name of plaintiff

and also assured the father of the plaintiff that the defendant shall

not be evicted from the house as she is the member of the family.

Then the defendant no.1 asked the plaintiff for transfer of the suit

property in the name of the defendant no.1 upto the extent wherein

she is residing, but the plaintiff refused to transfer the same.

9. That on ………….. when the plaintiff returned home found some

local property dealers in the suit property and on enquiry it was

disclosed that they come at the suit property for visit as the

defendant no.1 shown her willingness to sale the suit property then

the plaintiff informed them that the plaintiff is the sole owner of the

suit property and no one has any right to sale, transfer or part with

possession except the plaintiff and then he also informed that the
 suit property is not for sale. Then the plaintiff also informed the

defendant no.1 do not repeat any such act in future as he is the

sole owner of the suit property.

10. That on the next day the defendant no.2 visited at the house of the

plaintiff along with the defendant no.1 and asked for the partition of

the suit property and handing over of the due share to the

defendant no.1 and also extended threats that in case her

daughter’s share is not given then she shall sold her portion to the

prospective purchasers of property dealers of his choice.

11. That on……….. the plaintiff found that the local property dealers

frequently visited the suit property and inspected the suit property

and also inquiring from the neighbors regarding the status of the

suit property for purchase then the plaintiff also informed that he is

the sole owner of the suit property and the same is not for sale. It is

pertinent to mention herein that the plaintiff is facing great problem

and harassment as such everyday one or two property dealers are

visiting at the suit property and making enquiry for purchase of the

suit property.

12. That from the conduct of the defendant no.1 and defendant no.2 it

seems that they are adamant to sale the suit property without the

consent of the plaintiff and trying to cause wrongful loss to the

plaintiff and wrongful gain for themselves by selling the suit

property. The defendant no.2 is supporting the defendant no.1 and

defendant no.1 at the instigation of the defendant no.2 is trying to

dispose of the suit property due the greed.

13. That the defendants are acting in collusion with each other and

making every possible effort to sale the suit property, which belongs
 to the plaintiff. No one has any right, title and interest in the suit

property except the plaintiff. That the defendants knowingly and

intentionally trying to dispose of the suit property of the plaintiff

and trying to cause wrongful loss to the plaintiff and wrongful gain

to themselves from their conduct, therefore, they are required to be

restrained from doing so.

14. That the cause of action arose in favour of the plaintiff and against

the defendant on the day when the defendants no.1 in collusion

with the defendant no.2 made efforts to sale the suit property of the

plaintiff and furthermore the cause of action arose on each and

every day when the property dealers visited at the suit property and

since then the cause of action is continuous and subsisting till

date.

15. That the suit property is situated within the territorial jurisdiction

of this Hon’ble Court therefore, this Hon’ble Court has the

territorial jurisdiction to entertain the present suit and adjudicate

the same.

16. That the value of the suit for the purposes of court fee and

jurisdiction for the relief of permanent injunction is fixed at

Rs.130/- and a court fee of Rs.13 is payable which is affixed on the

plaint. It is also submitted herein that in case the court fee is found

deficient then the plaintiff shall pay the same as and when this

Hon’ble court directed to pay the same.

P R A Y E R:

Under the circumstances, it is therefore, most humbly and respectfully

prayed that this Hon’ble Court may graciously be pleased to:-

a) Pass a decree of permanent injunction in favour of the plaintiff and

against the defendants, thereby restraining the defendants, their

agents, associates, workmen, employees or any other person(s)

claiming through or under them or acting for and/or on their behalf

from selling and parting with possession of the suit property i.e.

House No. 108, Dera Village, New Delhi as shown green in the

rough site plan.

b) Allow a cost of the proceeding in favour of the plaintiff and against

the defendant;

c) Pass such other or further order(s), which this Hon’ble Court may

deem fit, just and proper in the facts and circumstances of the case

in the interest of justice, equity and fair play.

PLAINTIFF

THROUGH

VIKRAM SINGH & VINIT GUPTA.

(ADVOCATES)
LAWYER’S CH.NO.514,
SAKET COURTS COMPLEX
NEW DELHI – 110017.
NEW DELHI
DATE:

VERIFICAATION

Verified at Delhi on this day of July, 2014 that the contents of

para no.1 to para…. Of the suit are true and correct to my knowledge

and belief and there is no misrepresentation in it and those of para…..to

para……are true and correct on the basis of legal advice received by me

as the same are read over to me in vernacular i.e. Hindi and last para is

prayer clause to this Hon’ble Court.

PLAINTIFF
 IN THE COURT OF LD. SENIOR CIVIL JUDGE, SAKET COURTS
COMPLEX, NEW DELHI
CIVIL SUIT No……………of 2014

IN THE MATTER OF:

Sh. Bishan Singh … Plaintiff

VERSUS

Smt.Sunita @Soni & Anr. … Defendants

AFFDAVIT

I, Bishan Singh S/O Late Sh. Chandagi Ram R/O House No.108, Dera
Village, New Delhi, aged about…..Years, do hereby solemnly affirm and
declare as under:

1. That the deponent is the plaintiff in the aforesaid case and well

conversant with the facts and circumstances of present case and as

such competent of swear the present affidavit.

2. That the accompanying suit for permanent injunction injunction

along with consequential relief is drafted by my counsel upon &

under my instructions which are read over to me in vernacular

language i.e. Hindi and contents thereof are true and correct to best

of my knowledge & belief.

Deponent

Verification:

Verified at New Delhi On this day of July, 2014 that the

contents of above affidavit are true and correct to my knowledge and

belief and nothing material has been concealed therefrom.

Deponent
 IN THE COURT OF LD. SENIOR CIVIL JUDGE, SAKET COURTS
COMPLEX, NEW DELHI
I.A.No………….of 2014
in
CIVIL SUIT No……………of 2014
IN THE MATTER OF: -
Sh. Bishan Singh … Plaintiff

VERSUS

Smt.Sunita @Soni & Anr. … Defendants

APPLICATION UNDER ORDER-XXXIX, RULE 1 & 2 READ WITH S-151

CPC FOR AD-INTERIM EX-PARTE STAY/ TEMPORARY
INJUNCTION/STATUS QUO.

MOST RESPECTFULLY SHOWETH:

1. That the present application is being filed by the plaintiff under

order XXXIX, Rule 1 & 2 for Ad-Interim ex-parte temporary

injunction/ stay/ status quo with the accompanying suit and the

contents of the suit may kindly be treated as part and partial to this

application also, which are not repeated herewith for the sake of

brevity.

2. That the local property dealer is frequently visiting the suit property

for inspection of the same just to purchase the same from the

defendant no.1. That the defendants in collusion with each other

are trying to sale the suit property which is not belongs to them

therefore, the defendants are required to be restrained from sale of

the suit property of the plaintiff.

3. That balance of convenience is lies in favour of the plaintiff and

against the defendants and there is every possibility of the plaintiff

to succeed in the present suit.

4. That the plaintiff will suffer irreparable loss and damages which

cannot be compensated in terms of money in case the Ad-Interim

 Ex-Parte Injunction/Stay/Status Quo is not granted to the

plaintiff/applicant.

PRAYER

Under the circumstances, it is, therefore, most respectfully prayed

that this Hon’ble Court, may graciously be pleased to :

a) Pass Ad-interim ex-parte temporary stay/ injunction/status

quo order restraining the defendants their agents,

employees, attorneys & representatives from selling and

parting with possession of the suit property i.e. House

No.108, Dera Village, New Delhi, during the pendency of the

present suit and/or;

b) Pass any other or further order(s) as this Hon’ble Court may

deem fit and proper under the facts and circumstances of the

case in the interest of justice.

PLAINTIFF

THROUGH

VIKRAM SINGH & VINIT GUPTA.

(ADVOCATES)
LAWYER’S CH.NO.514,
SAKET COURTS COMPLEX
NEW DELHI – 110017.
NEW DELHI
DATE:
 IN THE COURT OF LD. SENIOR CIVIL JUDGE, SAKET COURTS
COMPLEX, NEW DELHI
I.A.No………….of 2014
in
CIVIL SUIT No……………of 2014

IN THE MATTER OF: -

Sh. Bishan Singh … Plaintiff

VERSUS

Smt.Sunita @Soni & Anr. … Defendants

AFFDAVIT

I, Bishan Singh S/O Late Sh. Chandagi Ram R/O House No.108, Dera
Village, New Delhi, aged about…..Years, do hereby solemnly affirm and
declare as under:

1. That the deponent is the plaintiff and well conversant with the facts

and circumstances of present case and as such competent of swear

the present affidavit.

2. That the accompanying application under Order 39, Rule-1 & 2

CPC for ad-interim ex-parte temporary injunction is drafted by my

counsel upon & under my instructions which are read over to me

in vernacular language and contents thereof are true and correct to

my knowledge & belief.

Deponent

Verification:

Verified at New Delhi On this day of July, 2014 that the

contents of above affidavit are true and correct to best of my knowledge

and nothing material has been concealed therefrom.

Deponent
 IN THE COURT OF LD. SENIOR CIVIL JUDGE, SAKET COURTS
COMPLEX, NEW DELHI
CIVIL SUIT No……………of 2014

IN THE MATTER OF: -

Sh. Bishan Singh … Plaintiff

VERSUS

Smt.Sunita @Soni & Anr. … Defendants

LIST OF RELIANCE

1. Original of documents, photocopies which have already been

placed on record.

2. Original of the letters, receipts, Notices, photocopies which have

already been placed on record.

3. Any other documents with the permission of this Hon’ble as may

be found during the pendency of present suit.

PLAINTIFF

THROUGH

VIKRAM SINGH & VINIT GUPTA.

(ADVOCATES)
LAWYER’S CH.NO.514,
SAKET COURTS COMPLEX
NEW DELHI – 110017.
NEW DELHI
DATE:
 IN THE COURT OF LD. SENIOR CIVIL JUDGE, SAKET COURTS
COMPLEX, NEW DELHI
CIVIL SUIT No……………of 2014

IN THE MATTER OF: -

Sh. Bishan Singh … Plaintiff

VERSUS

Smt.Sunita @Soni & Anr. … Defendants

INDEX

Sr.No. Particulars C.fee .Page.No.

1. Memo of parties

2. Suit for Permanent Injunction with affidavit.

3. Application u/o-39, rule 1& 2 read with s-

151 CPC, for Ad-Interim Ex-party temporary
injunction/Stay/ status quo with affidavit.

4. List of reliance

5. List of documents alongwith documents.

6. Vakalatnama

7. Duplicate copy of suit.

PLAINTIFF

THROUGH

VIKRAM SINGH & VINIT GUPTA.

(ADVOCATES)
LAWYER’S CH.NO.514,
SAKET COURTS COMPLEX
NEW DELHI – 110017.
NEW DELHI
DATE:
 IN THE COURT OF Ld. CIVIL JUDGE, SAKET COURTS COMPLEX
NEW DELHI
CIVIL SUIT No……………of 2014

IN THE MATTER OF: -

SMT.MANJU DEVI … PLAINTIFF

VERSUS

SH. AMIT KUMAR & ORS. … DEFENDANTS

LIST OF DOCUMENTS FILED ON BEHALF OF THE PLAINTIFF

S.NO. DETAILS PAGES

1. Annexure P-1. The rought site plan of the

suit property.

2. Annexure P-2. Will executed by the father of

the plaintiff.

3. Annexure P-3. True copy of registered Will

dated 23.05.2011 executed in favour of

plaintiff.

ANY OTHER DOCUMENTS WITH THE

PERMISSION OF THIS HON”BLE COURT

PLAINTIFF

THROUGH

VIKRAM SINGH & VINIT GUPTA.

(ADVOCATES)
LAWYER’S CH.NO.514,
SAKET COURTS COMPLEX
NEW DELHI – 110017.
NEW DELHI
DATE:
 IN THE COURT OF LD. SENIOR CIVIL JUDGE, SAKET COURTS
COMPLEX, NEW DELHI
CIVIL SUIT No……………of 2014

IN THE MATTER OF: -

Sh. Bishan Singh … Plaintiff

VERSUS

Smt.Sunita @Soni & Anr. … Defendants

MEMO OF PARTIES

Sh. Bishan Singh

S/O Late Sh. Chandagi Ram
R/O House No.108, Dera Village,
New Delhi … Plaintiff

VERSUS

1. Sunita @ Soni
W/o Late Sh. Ajeet Singh
D/o Sh. Prakash
R/O House No.108, Dera Village,
New Delhi

2. Prakash
R/O House No.108, Dera Village,
New Delhi … Defendants

(All the summons, notices orders etc. in connection with the above suit be
sent to me at the address given above.
In case of any change in address the same shall be communicated you
with full particulars and details.)

PLAINTIFF

THROUGH

VIKRAM SINGH & VINIT GUPTA.

(ADVOCATES)
LAWYER’S CH.NO.514,
SAKET COURTS COMPLEX
NEW DELHI – 110017.
NEW DELHI
DATE: