IN THE COURT OF DISTRICT & SESSIONS JUDGE;

DIST.___________; XXXXXXXX  COURTS; DELHI.

CIVIL SUIT NO._______ OF 20__.

IN THE MATTER OF:-

MR.XXXXXXXXXXX                                       : PLAINTIFF

VERSUS

MRS. XXXXXXXXXX & ANR.                         : DEFENDANTS

INDEX

Note: -

1.     That no Caveat has been received in the captioned in the captioned matter.

2.     That the captioned suit is within the limitation period.

3.     That the captioned suit is not a commercial suit.

4.     That no similar suit is filed or pending before this Hon’ble Court or any other court.

5.     The Plaintiff undertakes to pay deficit court fees, if any.

                                                          PLAINTIFF

DELHI                THROUGH

DATED:-

ADVOCATE

IN THE COURT OF DISTRICT & SESSIONS JUDGE;

DIST.___________; XXXXXXXX  COURTS; DELHI.

CIVIL SUIT NO._______ OF 20__.

IN THE MATTER OF:-

MR.XXXXXXXXXXX                                        : PLAINTIFF

VERSUS

MRS. XXXXXXXXXX & ANR.                         : DEFENDANTS

MEMO OF PARTIES

SH. XXXXXXXXX

S/o Late Sh. ___________________

Presently at USA

Through Attorney Holder Ms. ____________

R/o____________________,

, Delhi-1100__.                                           : PLAINTIFF

VERSUS

1. MRS. XXXXXXXXX

W/o Sh. _______________

R/o____________________

New Delhi-1100__.

Mob. No.

2. MRS. XXXXXXXXXX

W/o Late Sh. _____________

R/o ______________________

Delhi-1100__.

Also at:-

______________________,

New Delhi-1100__-.                                              : DEFENDANTS

-------------------------------------------------------------------------------------

PLAINTIFF

DELHI                THROUGH

DATED:-

ADVOCATE

IN THE COURT OF DISTRICT & SESSIONS JUDGE;

DIST.___________; XXXXXXXX  COURTS; DELHI.

CIVIL SUIT NO._______ OF 20__.

IN THE MATTER OF:-

MR.XXXXXXXXXXX                                        : PLAINTIFF

VERSUS

MRS. XXXXXXXXXX & ANR.                         : DEFENDANTS

 (P.S.: …………)

SUIT FOR DECLARATION, PARTITION, PERMANENT AND MANDATORY INJUNCTION.

MOST RESPECTFULLY SHOWETH:-

1.                 That the Plaintiff herein is peace loving and law abiding citizen of India, who is in peaceful possession of the residential property bearing No.___________________, New Delhi-1100__ (hereinafter called as “suit property”) and the plaintiff and defendant are real brothers.

2.                 That the Plaintiff submits that deceased father of the plaintiff i.e. Late Shri Satya Dev was allotted the second floor of the suit property bearing no.__________________, New Delhi-1100__ vide conveyance deed dated 08.06.1990 by the DDA for the consideration of Rs.21,200/- with roof right and all the family members are residing in the said floor of the suit property. In 1997 Plaintiff and his deceased father was constructed the third floor with the contribution of the Plaintiff and the plaintiff and his family residing in the said floor of the suit property and the defendant along with his family residing in the second floor of the suit property. It is pertinent to mention here that the water, electricity, and house tax etc. of the suit property are in the name of the plaintiff and were born solely born by the plaintiff.

3.                 It is further submitted that father of the plaintiff Late Sh. Satya Dev was died intestate on 07.02.2008, that is without making any “Will” in the favour of any person(s) before or at the time of his death.

4.                 That Late Shri XXXX died leaving behind the legal heirs i.e. plaintiff and defendant herein at the time of his death.

5.                 That after the death of Late Shri.XXXXX , it was orally agreed between the plaintiff and the defendant that the suit property would be sold and divided among the legal heirs i.e. plaintiff and defendant and live their respective share in possession as at it is in which already they are in possession and living with their families. In the month of July, 2023, the defendant, who is the brother of the plaintiff, without informing the plaintiff, contacted various property dealers and tried to sell the said property.

6.                 That there is also a serious apprehension of the plaintiff that the defendant, to sell the suit property by manipulating, forging and creating some false documents of the suit property illegally and dishonestly, and in gross violation of the terms on which the suit property was given to the defendant for residence purposes only.

7.                 That in by virtue of the above mentioned, the plaintiff have right equal right i.e. 50% over the suit property, whereas the plaintiff is in deemed possession of the suit property.

8.                 Since the plaintiff was having the half share in the suit property, the plaintiff and the defendant by virtue of the Succession Act, 1956 the respective share of the deceased father devolves upon his existing legal heirs as per law.

9.                 It is stated by the plaintiff that post the demised of the father of the plaintiff, the plaintiff was shocked to see the massive change in the conduct / behaviour of the defendant, when defendant started threatening the plaintiff.

10.             That the Plaintiff further submits that the Plaintiff is having undivided share in possession in the suit Property as mentioned above as the said property and the Plaintiff being the Legal Heir falls under the Class 1 of the Legal Heir as per the Provision of the Hindu Succession Act.

11.             That the Defendant is in process of creating third party rights in the suit Property without having full Right, Title and Interest therein, though the Plaintiff and Defendant is also the only legal heirs of Late Shri XXXX.

12.             It is further submitted by the Plaintiff that the father of the Plaintiff was so much unwell and was under medicines / medical treatment of various diseases, And the father of the Plaintiff was not in the right state of mind in the benefit of the same defendant might have got signed some blank documents from Late Shri Satya Dev, which was claimed by the defendant sometime in his conversation.

13.             It would be pertinent to mention that father of the Plaintiff, was seriously ill for the last several months prior to his death, he suffered from various ailments and medicines prescribed to him are containing sedatives. On account of these ailments, he had to be regularly hospitalized in the Local Hospitals and other nursing homes. The Plaintiff, was instrumental in taking care of his Deceased father during difficult times and used to regularly take him to various Doctors.

14.             That meets and bounds to the partition of the suit property and confirming the possession of their respective shares in possession to the legal heirs of Late Shri XXXXXX i.e. plaintiff and defendant.

15.             In addition to the above, since the father of the plaintiff was a business man and the defendant may be called to furnish the bank account for the proper adjudication of the present case and also the defendant may be asked to furnish all the assets whether movable or immoveable of the Late Shri Satya Dev so that the legitimate share can devolve the existing legal heirs and the plaintiff further craves the attention of this Hon’ble Court to furnish addition details under the provision of Order 2 Rule 2 of CPC, if any which comes to the knowledge of the plaintiff post the filing of the present suit.

16.             That the captioned suit has been filed by the Plaintiff for the purpose of seeking immediate reliefs against the Defendant. The Defendant in an unlawful & illegal manner are trying to usurp the immovable suit property which jointly in possession of the plaintiff and defendant by depriving the Plaintiff of his legal rights & share in/pertaining to the suit property.

17.             It is submitted that last few months the plaintiff was shocked to see the massive change in the conduct / behaviour of the defendant, when defendant started threatening the plaintiff over the suit property. However, the things are going worst day by day, as the high rise in the market value of the property, the intention of the Defendant started turning dishonest and the defendant never cared the blood relation of being a brother, started nuisance and intolerance behaviour with the plaintiff over the suit property with intention of the defendant to usurp the whole share of the suit property.

18.             That the defendant used to put pressure upon the plaintiff to settle the matter with the defendant as per his illegal and immoral demands and defendant always try to forcefully dispossess the plaintiff from the peaceful possession of the suit property of the plaintiff. The defendant also forcing the plaintiff to leave the property so that he can take possession of the suit property of the plaintiff and thereafter sell out the same.

19.             That the defendant threatened the plaintiff that he would vandalize the suit property and overlooks all the laws and frequently committed illegal offences, defendant had evil intentions over the suit properties, the plaintiff and the nearby property dealers are asking to the plaintiff whether the plaintiff selling his property since defendant had said that he is the owner of property.

20.             That the plaintiff had no other speedy and efficacious remedy at present against the defendant and further the plaintiff would suffer irreparable loss and injury in case the defendant or their agents were not restrained permanently from making intervention in the peaceful possession of the share of the plaintiff in the suit property only because of the greed of the defendant to grab the whole undivided share of the suit property.

21.             That the plaintiff also apprehends that the defendant may jeopardize or prejudice his rights in the suit property if the defendant creates any third-party rights in the suit property. That the plaintiff also apprehends that the defendant may also try to interfere with their right / share of the suit property as mentioned above.

22.             That the Plaintiff further submits that the Plaintiff is having share in possession in the suit Property and the Plaintiff being the co-owner of the suit property and borne the equal consideration while constructing the second floor of the suit property.

23.             That the present suit is now further necessitated in as much as the Plaintiff has been informed that the Defendant is making all out endeavours to sell/ alienate / create a third party interest in his legitimate share excluding the Plaintiff Share in the afore-mentioned suit Property.

24.             That the cause of action for filing the present suit arose on ……….. when the defendant threatened and tried to dispossess the plaintiff from the suit property. The cause of action further arose on ………. when the defendant abused and threatened the plaintiff to face the dire consequences and implicate the plaintiff in false cases. The cause of action is due and subsisting till the time the defendant is permanently restrained from creating third party in the suit property. The cause of action is still continues one.

25.             The valuation for the purposes of pecuniary jurisdiction is more than INR. …..Lakhs as the combined valuation of the suit property; therefore, this Hon’ble Court has the original and the pecuniary jurisdiction to try the present suit.

26.             The subject matter of the present suit does not fall under definition of a ‘commercial dispute’ as enumerated under section 2(c) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015. Therefore, the Plaintiff prefers the present plaint for institution of an ordinary suit for partition declaration, and permanent injunction as the subject matter of the suit is non-commercial in nature.

27.             That the balance of convenience lies in favour of the plaintiff and against the defendant and irreparable loss is bound to occur to the plaintiff, the relief as claimed is not granted.

28.             That the plaintiff has not filed any other suit for partition of the suit properties, which is subject matter of the present suit, in the Hon'ble Court or any other court in India. That by the acts and deeds of the Defendant, the plaintiff has been left with no option but to knock the door of this Hon’ble Court by filing the present suit for partition declaration, and permanent injunction.

29.             That the suit for the purpose of jurisdiction and court feesis valued accordingly:-

a.      For the purpose of Jurisdiction in respect to the immoveable property is valued for Rs……../-, however for the purpose of the court fees for partition of the share in possession in the suit property of the plaintiff is valued for (Rs……../- upon which the requisite courts fees is paid.

b.     For the jurisdiction of the relief of Declaration of entitlement of the share in possession in the suit property of the plaintiff is valued Rs………../-approx. upon which the requisite courts fees is paid.

c.      For the purpose of permanent and mandatory injunctions is valued as Rs.130/- each, upon which the requisite court fee has been affixed herewith. Further, the, plaintiff undertakes to pay the deficient court fee if any.

30.             That the suit properties fall within the jurisdiction of this Hon'ble Court as the plaintiff and defendant residing at the suit property and moreover the entire cause of action arose at Suit Property, hence this Hon'ble Court has got the territorial jurisdiction to entertain, try and decide the present suit.

31.             That  the subject matter of the suit is non-­commercial dispute in nature and no such similar suit is pending between the plaintiff and the defendant in regarding to the same properties before any other court of law.

32.             That  the documents filed with the plaint as per the knowledge of the plaintiff is based upon the original documents.

PRAYER:-

It is, therefore, respectfully prayed that this Hon’ble Court may kindly be pleased to:-

A.               Pass a preliminary decree for partition of suit of property bearing No._______________, New Delhi-1100__ (more specifically shown in red colour in the site plan-A attached) in favour of plaintiff and against the defendant;

B.                Grant a final decree of partition by metes and bounds or some other mode as decided by this Hon’ble Court qua the share already in possession of the Plaintiff and defendant in the said suit property bearing No.__________________, New Delhi-1100__ in favour of the plaintiff;

C.                Pass a decree of declaration in favour of the plaintiff thereby declare the share already in possession with the plaintiff and defendant in the suit property.

D.               Pass a decree of permanent injunction in favour of the plaintiff and against the defendant thereby restraining the defendant, their associates, assigns, legal heirs, successors,nominees etc. from creating third party interest in respect of the suit property and not to claim the whole share / amount of the moveable property as mentioned above in the suit.

E.                Grant a decree of permanent and mandatory injunction in favour of the plaintiff and against the Defendant thereby restraining the Defendant, its agents, heirs, attorneys and/or representatives etc., from illegally dispossess from the suit properties and interfering and/or obstructing in the peaceful possession of the suit property of the plaintiff or otherwise creating any third party interest in the suit Property;

F.                 Grant costs of the suit in favour of the plaintiff and against the defendant; and

G.               Pass any other order or relief, which this Hon'ble Court may deem fit, just and proper in the facts andcircumstances of the case in favour of the plaintiffand against the defendant.         

PLAINTIFF

DELHI                THROUGH

DATED:-

ADVOCATE

VERIFICATION:-

Verified at Delhi on this __ day of December, 2024, that the contents of para no. 1 to ___ of the plaint are true and correct to my knowledge and belief and those of para no.___ to __of the plaint are true on the basis of legalinformation received and believed to be true and correct.Last para is prayer to this Hon'ble Court.

PLAINTIFF

IN THE COURT OF DISTRICT & SESSIONS JUDGE;

DIST.___________; XXXXXXXX  COURTS; DELHI.

CIVIL SUIT NO._______ OF 20__.

IN THE MATTER OF:-

MR.XXXXXXXXXXX                                        : PLAINTIFF

VERSUS

MRS. XXXXXXXXXX & ANR.                         : DEFENDANTS

 (P.S.: …………)

APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 SEEKING AD-INTERIM EX-PARTE INJUNCTION.

MOST RESPECTFULLY SHOWETH:-

1.              That the Plaintiff has filed the accompanying suit inter-alia for grant of decree of Partition, declaration, permanent and mandatory injunction against the Defendant from alienating the share of the suit property of the plaintiff. The contents of the accompanying suit may kindly be read as parcel of this application and the same are not being repeated herein for the sake of brevity.

2.              That the plaintiff is having the legal rights over the suit property, however the defendant had been trying to deprive the plaintiff from their legal rights over the suit property.

3.              That it has come to the knowledge of the Plaintiff that the Defendant in a conspiracy is trying to create a third party interest in the suit Property and is in the process tried to cheat the Plaintiff by selling his rightful share.

4.              That this application is necessitated in as much as the Defendant is in a process of selling the suit Property and dispossessing the plaintiff from his rightful share of the suit property by creating forged documents and if not immediately stopped by this Hon’ble Court then the Plaintiff shall be gravely prejudiced and it will also render the instant suit infructuous.

5.              That in case the defendant succeeds in his ill motives / intentions then the plaintiff shall suffer irreparable loss.

6.              That even otherwise the Plaintiff has very good prima facie case in his favour and the balance of convenience also lies in favour the plaintiff and against the Defendant.

7.              That the Plaintiff shall suffer irreparable loss and injury which cannot be compensated in terms of time and money if the Defendant is not restrained by way of an ex-parte ad- interim Injunction.

8.              That no harm or loss is likely to be caused to anyone much less to the Defendant herein if the relief(s) prayed for is granted.

PRAYER:-

It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to;-

(a)        Restrain the Defendant, their agents, attorneys, representatives, assigns etc., from creating a third party interest in the suit property bearing no.____________________, New Delhi-1100__, and restrain them from alienating, transferring the suit properties to any third party during the pendency of the present suit;

(b)       Pass an ad-interim / ex-parte injunction in favour of the plaintiff and against the defendant for restraining the defendant from illegally and unlawfully dispossessing the plaintiff and not to enter into the shared portion of the plaintiff of the suit property during the pendency of the present suit; and/or

(c)        Pass ex-parte ad interim orders in terms of prayer (a);

(d)       Pass any other order or further order(s) which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.

PLAINTIFF

DELHI                THROUGH

DATED:-

ADVOCATE

IN THE COURT OF DISTRICT & SESSIONS JUDGE;

DIST.___________; XXXXXXXX  COURTS; DELHI.

CIVIL SUIT NO._______ OF 20__.

IN THE MATTER OF:-

MR.XXXXXXXXXXX                                        : PLAINTIFF

VERSUS

MRS. XXXXXXXXXX & ANR.                         : DEFENDANTS

LIST OF RELIANCE

1.     Photocopy of all the documents filed along with the List of Documents and original documents of the suit property.

2.     Any other document, which the Plaintiff may come in possession at any time during the course of the proceedings.

PLAINTIFF

DELHI                THROUGH

DATED:-

ADVOCATE

IN THE COURT OF DISTRICT & SESSIONS JUDGE;

DIST.___________; XXXXXXXX  COURTS; DELHI.

CIVIL SUIT NO._______ OF 20__.

IN THE MATTER OF:-

MR.XXXXXXXXXXX                                        : PLAINTIFF

VERSUS

MRS. XXXXXXXXXX & ANR.                         : DEFENDANTS

 (P.S.: …………)

SCHEDULE – I

Immovable property owned by the plaintiff and defendants jointly:-

i.       Property bearing No._______________________________, Delhi.

PLAINTIFF

DELHI                THROUGH

DATED:-

ADVOCATE

IN THE COURT OF DISTRICT & SESSIONS JUDGE;

DIST.___________; XXXXXXXX  COURTS; DELHI.

CIVIL SUIT NO._______ OF 20__.

IN THE MATTER OF:-

MR.XXXXXXXXXXX                                        : PLAINTIFF

VERSUS

MRS. XXXXXXXXXX & ANR.                         : DEFENDANTS

AFFIDAVIT

I, XXXXXXX , Attorney Holder of Sh.__________________, aged about ___ years, R/o______________________________, Delhi-1100___, do hereby solemnly affirm and declare as under;-

1.       That I am the Attorney Holder of the Plaintiff in the above noted case and am fully conversant with the facts and circumstances of the case and competent to swear this affidavit.

2.       That the contents of the plaint have been drafted by my Counsel under my instructions. The contents of Para No. 1 to .... of the Plaint are true and correct to my knowledge and those of Para .... to ...... are true and correct as per the legal advice received and believed to be so. Nothing is false and nothing material has been concealed therefrom. The last para is the prayer to this Hon’ble Court.  

3.       That the contents of the plaint may kindly be read as part and parcel of this affidavit and the same are not being reproduced herein for the sake of brevity.

4.       That the contents of the plaint as well as the present affidavit have been read over to me and explained to me in vernacular language, and I hereby state and declare that the contents of the said plaint are true and correct.

DEPONENT

VERIFICATION :

Verified at New Delhi on this ___ day of December, 2024, that the contents of my afore-going affidavit are true and correct and no part of it is false and nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF DISTRICT & SESSIONS JUDGE;

DIST.___________; XXXXXXXX  COURTS; DELHI.

CIVIL SUIT NO._______ OF 20__.

IN THE MATTER OF:-

MR.XXXXXXXXXXX                                        : PLAINTIFF

VERSUS

MRS. XXXXXXXXXX & ANR.                         : DEFENDANTS

AFFIDAVIT

I, XXXXXXX , Attorney Holder of Sh.__________________, aged about ___ years, R/o______________________________, Delhi-1100___, do hereby solemnly affirm and declare as under;-

1.       That I am the Attorney Holder of the Plaintiff in the above noted case and am fully conversant with the facts and circumstances of the case and competent to swear this affidavit.

2.       That the contents of the Application under Order XXXIX Rule 1 & 2 r/w Sec. 151 of CPC has been drafted by my counsel as per my instructions and the contents of the same have been duly read and understood by me and after fully understanding the contents of the same.

3.       That the contents of the application as well as the present affidavit have been read over to me and explained to me in vernacular language, and I hereby state and declare that the contents of the said plaint are true and correct.

                   DEPONENT

VERIFICATION :-

          Verified at Delhi on this _____, day of December, 2024 that the contents of my above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.

DEPONENT