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IN THE COURT OF LD DISTRICT
JUDGE,
ROHINI COURTS, DELHI
CS
NO. /20XX
IN THE MATTER OF :
Mrs. XXXXXXX ….Plaintiff
Versus
Smt. XXXXXXX and others ….Defendants
Index
|
Sl. No. |
Particulars
|
Page No. |
|
1 |
Memo of Parties |
|
|
2 |
Suit for partition, on behalf of
plaintiff, along-with supporting
affidavit. |
|
|
3 |
Application under Order 39 Rule 1 and 2, read with section 151 of C.P.C.
along-with supporting affidavit. |
|
|
4 |
List of documents along with
documents |
|
|
5 |
Vakalatanama |
|
Plaintiff
Place: New Delhi
Date: Through
COUNSEL
XXXXXXXXXXX & ASSOCIATES
Office No. X, XXXXXXXX
Delhi-XX
(M)-XXXXXXXXXX
IN THE COURT OF
LD DISTRICT JUDGE,
ROHINI COURTS,
DELHI
CS NO.
/20XX
IN
THE MATTER OF :
Mrs. XXXXXXXX ….Plaintiff
Versus
Smt. XXXXXXX and others ….Defendants
MEMO OF PARTIES
1.
Mrs. XXXXXX, wife of XXXXXX
Daughter of late Shri XXXXXXXXX
R/o Flat no. XX, XXXXX,
Pocket XX, Sector XX, Rohini,
Delhi …Plaintiff
Versus
1. XXXXX wife of late Shri XXXXXX
R/o Flat no. XX, XXXXX,
Plot
No. XX, Sector XX,
XXXXXXXX,
Delhi -1100XX.
2. Shri XXXXXXX,
son of late Shri
XXXXXXX, R/o XXX/X,
XXX
XXXXXXXX,
XXXXXXXX
3. Shri. XXXXXXXXX, son of late Shri
XXXXX
R/o Flat no. XX,
Plot
No. XX, Sector XX,
XXXXX, Delhi -1100XX.
4.
Mrs. XXX, wife
of Shri XXXXXXX
Daughter of
late Shri XXXXXXX
R/o XXX,
Sector X, XXXXXXXX,
XXXXXXXX,
Haryana -XXXXXX
5.
Mrs. XXXXXX,
wife of Shri XXXXXXX
XXXXXXX, Daughter of late Shri
XXXX
XXXX R/o X-XX,XXXXX, U.P. XXXXXX
6.
Mrs. XXXXXX , wife of Shri XXXXX
Daughter of late Shri
XXXXXXXXXX
(address is to be provided by the
client) ...Defendant
Plaintiff
Place: New Delhi
Date: Through
COUNSEL
XXXXXXXXXXX & ASSOCIATES
Office No.1, XXXXXX,
Delhi-XX,
(M)-XXXXXXXX
IN THE COURT OF
LD DISTRICT JUDGE,
ROHINI COURTS,
DELHI
CS NO.
/20XX
IN THE MATTER OF :
Mrs. XXXXXX ….Plaintiff
Versus
Smt.
XXXXXXX and others
….Defendants
SUIT FOR PARTITION OF THE PROPERTY
SITUATED AT, FLAT NO. XX, XXXXXXXXX, PLOT NO. XX, SECTOR XX, XXXXXXXXXXX, DELHI
– 1100XX
MOST RESPECTFULLY
SHOWETH:
1. That the Plaintiff is a law abiding, peace
loving, citizen of India, residing at Flat no. XX, XXXX Apartment, Pocket XX,
Sector XX, XXXXX, Delhi.
2. That the respondent no. X Smt. XXXXX is mother of the
Plaintiff, residing in suit premises situated at Flat no. XX, XXXXXXXXX, Plot No. XX, Sector XX,
XXXX, Delhi -110XXX.
3. That the respondent no.2 Shri XXXXXX, is the brother of the plaintiff,
residing at Flat No. XXX/X, XXXXX Chowk, Panipat, Haryana.
4. That the respondent no.3 Shri XXXXX, is the brother of the plaintiff,
residing in the suit premises at Flat no. XX, XXX XXXXX X.X.X.X Ltd, Plot No. XX, Sector XX, XXXXXX, Delhi
-110XXX.
5. That the respondent no.4, Mrs. XXXXX the sister of the plaintiff, residing at , XXX Sector X, XXXXX, Haryana -136XXX.
6. That the respondent no. X, Mrs. XXXXXX is the
sister of the plaintiff, residing at , C-XX, XXXX Project, X.X.X., XXXXX, XXXXXX, U.P. 23XXXX.
7. That the
respondent no. X, Mrs. XXXXX is the sister
of the plaintiff, residing at , …… (address is to be provided by the
client).
8. That the father of the plaintiff late Shri XXXX, has purchased the suit property, on XX.XX.19XX,
from XXXX, through General Power of Attorney, which was registered in the
office of the sub-registrar office of Delhi, vide registration No. XXXX, in
additional book No. X, Volume no. XXXX, on page no. XX to XX. Copy of registered power of attorney
and site plan of the suit property are attached with the present suit.
9. That the father of the Plaintiff Late Shri
XXXXXX has died on XX.XX.20XX, leaving behind 7 heirs, the Plaintiff herself
and the Defendant No. 1 to 6. Copy of the death certificate of Late Shri XXXXXX
is attached with the present suit.
10.
That the suit property was purchased by Late Shri XXXX,
father of the plaintiff, which is situated at Flat No. XX, XXXXX X.X.X.X Ltd, Plot No. XX, Sector XX, XXXXX, Delhi-1100XX,
hence the
Plaintiff is legally entitled to get 1/7 share of the suit property, after the
demise of her father, who has passed away on XX.XX.20XX.
11.
The Plaintiff is legal
heirs of Late Sh. XXXX,
who was Father of the Plaintiff and Late Sh. XXXXXX
was the Sole and absolute owner of the suit property through General Power of Attorney, which was
registered in the office of the sub-registrar office of Delhi, vide
registration No. XXXX, in additional book No. X, Volume no. XXXX, on page no. XX
to XX, hence the plaintiff is legally entitled to get 1/7 share of the suit property.
12.
The respondent
no.1 mother of the plaintiff and the respondent no. X brother of the plaintiff, are residing in the suit property, which is
at situated at Flat no. XX, Nav XXXX X.X.X.X Ltd, Plot No. XX, Sector XX, XXXXX,
Delhi -1100XX.
13.
That the plaintiff got
the information from the nearby neighbours & property dealers in October 20XX,
that the defendants are in communication with interested buyer to sell the suit
property and the plaintiff is under great apprehension that the defendants can
sell the above said property to any other person without giving any information
to the plaintiff and divide the share of the consideration amount amongst them.
The defendants wanted to grab the share of the plaintiff in the above said
property illegally and unlawfully.
14.
That the plaintiff has
requested the defendants in November 20XX and also on many other occasions, to
do the partition in the suit property and to give 1/7th share of the
suit property to the plaintiff, but the defendants refused to do the same. The
defendants are adamant and always saying that they will not give any share to
the plaintiff in the suit property. The above said act and action of the
defendants are absolutely illegal, since they are trying to grab the plaintiff
share in the suit property.
15.
That the plaintiff has once
again requested the defendants in December 20XX, to do the partition in the
suit property and to give 1/7th share of the suit property to the
plaintiff, but the defendants threatened and refused the plaintiff to face dire
consequences, if she would again demand her share in the suit property. The
defendants are adamant and always saying that they will not give any share to
the plaintiff in the suit property.
16.
That the Plaintiff tried her level best to get the matter
settled out of Court and a partition be made of the suit property but the
defendants being adamant, due to which, the Plaintiff is constraint to approach
this Hon’ble Court for Partition of the suit property, by filing this suit.
17.
That the suit property is situated Flat No. XX, XXXX X.X.X.X Ltd., Plot No. XX, Sector XX,
XXXXX, Delhi
-1100XX which is within the territorial jurisdiction of this Hon’ble court,
hence this court has jurisdiction to entertain this suit.
18.
That no other suit is filed by the Plaintiff, except the present
suit for the Partition and Declaration of the Title in the above-mentioned suit
property.
19.
The cause of action for filing the present suit has arisen
on XX.XX.20XX, after the demise of the father of the plaintiff, cause
of action further arisen in XXXXXXX 20XX when plaintiff got the information
from neighbours and property dealers that the defendants are planning to sell
the suit property at the earliest, cause of action further arisen in November
20XX when plaintiff requested the defendants to give her 1/7th share
of the suit property, but the defendants refused to give the share of the plaintiff in
the suit property, cause of action has further arisen in December 20XX, when
the defendants threatened the plaintiff to face dire consequences, if the
plaintiff demand her share in the suit property and the cause of action is
still continuing and subsisting.
20.
That for the purpose of jurisdiction the present suit is
valued
@Rs…….. /- ( ) and requisite court fee of Rs. …… /- has been
paid thereon.
Prayer
In view of
above facts and circumstances, it is therefore most respectfully and humbly
prayed that this Hon’ble Court may graciously be pleased to:-
(a)
Pass
a decree for partition and declare 1/7th share
of the suit property, in the favor of
the Plaintiff and against the defendants, of the suit property situated at - Flat
No. XX, XXXX X.X.X.X Ltd, Plot No. XX, Sector
XX, XXXXXX, Delhi
1100XX, more specifically shown in the attached site plan.
(b)
Restrain
all the defendant no. 1 to 6, his agents,
administrators, attorneys and representatives, from disposing of, transferring,
alienating, mortgaging,
creating charge or encumbering the suit property situated at Flat
no. XX, XXXX X.X.X.X LTD, Plot No. XX, Sector
XX, XXXXX, Delhi -1100XX, more
specifically shown in the attached site plan, till the final disposal of the
present suit ;
(c)
Pass
such other and further order as this Hon’ble Court deems fit and proper in the
facts and circumstances of this case in favor of the Plaintiff and against the
Defendants.
Plaintiff
Place: New Delhi
Date: Through
COUNSEL
XXXXXXXXX & ASSOCIATES
Office No.1, XXXXXX,
Delhi-XX,
(M)-XXXXXXXXX
IN THE COURT OF LD DISTRICT
JUDGE,
ROHINI COURTS, DELHI
CS NO.
/20XX
IN THE MATTER OF
:
Mrs. XXXXXX ….Plaintiff
Versus
Smt. XXXXXXX and others ….Defendants
AFFIDAVIT
I,
Mrs. XXXXX, aged about XX years, Wife of Shri XXXX daughter of Late Sh. XXXXX R/O Flat no. XX,
Pocket XX, Sector XX, XXXXX, Delhi, do hereby solemnly affirm and declare as
under:
1. That I am the Plaintiff in the above-mentioned case
and as such well conversant with the facts and circumstances of the case hence
competent to swear this affidavit.
2. That the accompanying suit for partition, has been
drafted by my counsel under my instructions and its content have been read over and explained to me in my
vernacular, which are true and correct to my knowledge and belief and its
contents shall be read as part and parcel of this affidavit, which are not repeated herein for
the sake of brevity.
DEPONENT
VERIFICATION:
I,
Mrs.
XXXX, the deponent above named
do hereby verify that the contents of above affidavit are true to my knowledge
and belief, no part of the same is false and nothing material has been
concealed therefrom.
Verified at Delhi on
………. Day of , 20XX.
DEPONENT
IN THE COURT OF
LD DISTRICT JUDGE,
ROHINI COURTS,
DELHI
CS NO.
/20XX
IN THE MATTER OF :
Mrs. XXXXX ….Plaintiff
Versus
Smt. Krishna Devi and others ….Defendants
APPLICATION UNDER
ORDER 39 RULE 1 AND 2, READ WITH SECTION 151 OF C.P.C FOR GRANTING THE PROHIBITORY INJUNCTION
AGAINST THE DEFENDANTS.
MOST
RESPECTFULLY SHOWETH:
1.
That the Plaintiff has filed the suit for Partition, which
is pending for adjudication before this Hon’ble Court.
2.
That the contents of the partition suit, shall be read as
part and parcel of this application which are not being reproduced herein for
sake of brevity.
3.
The plaintiff apprehends, in view of the facts and
circumstance given the accompanying partition suit, that the defendants will
transfer/alienate/mortgage or create third party interest
in the suit property, and will refrain the plaintiff for getting the 1/7th
share in the suit property.
4.
That the Plaintiff submit that unless all the Defendants are
restrained, from transferring/alienating/mortgaging or creating third party
interest in the suit property, irreparable harm,
loss and injury would be caused to the Plaintiff, which cannot be
compensated in terms of money and the very purpose of filing the instant suit will be
defeated.
5.
That the balance of convenience is in the favor of the
plaintiff and against the defendants and the plaintiff will succeed in the suit
in all probabilities.
Prayer
In view of
above facts and circumstances, it is therefore most respectfully and humbly
prayed that this Hon’ble Court may graciously be pleased to:-
a.
Pass ex-parte interim order by restraining all the defendant
No. 1 to 6, and their agents,
administrators, attorneys and representatives, from selling, transferring,
alienating, mortgaging,
or creating third party charge in the suit property, situated at Flat no. XX, XXXXX, X.X.X.X LTD, Plot No. X, XXXXX,
Delhi -110XXX, more
specifically shown in the attached site plan.
b.
Pass such other and further order as this Hon’ble Court
deems fit and proper in the facts and circumstances of this case in favor of
the Plaintiff and against the Defendants.
` Plaintiff
Place: New Delhi
Date: Through COUNSEL
XXXXXXXXX & ASSOCIATES
Office No.1, XXXXX,
Delhi-XX,
(M)-XXXXXXXXXXX
IN THE COURT OF
LD DISTRICT JUDGE,
ROHINI COURTS,
DELHI
CS NO.
/20XX
IN THE MATTER OF :
Mrs. XXXXX ….Plaintiff
Versus
Smt. XXXXXXXX and others ….Defendants
AFFIDAVIT
I,
Mrs. XXXX, aged about XX years, Wife of
Shri XXXX daughter of Late Sh. XXXXX
R/O Flat no. XX, Pocket XX, Sector XX, XXXXX, Delhi, do hereby solemnly affirm
and declare as under:
1. That I am the Plaintiff in the above-mentioned case
and as such well conversant with the facts and circumstances of the case hence
competent to swear this affidavit.
2. That the accompanying application, has been drafted by
my counsel under my instructions and its content have been read over and explained to me in my
vernacular, which are true and correct to my knowledge and belief and its
contents shall be read as part and parcel of this affidavit,
which are not repeated herein for the sake of brevity.
DEPONENT
VERIFICATION:
I,
Mrs. XXXX, the deponent above named do hereby verify that the contents of
above affidavit are true to my knowledge and belief, no part of the same is
false and nothing material has been concealed therefrom.
Verified
at Delhi on ………. Day of ,
20XX.
DEPONENT
