Suit for partition of property with supporting injunction application and affidavits
0 of 92 blanks filled
IN THE COURT OF THE LEARNED DISTRICT JUDGE,
Courts complex and city
CS NO./Suit number
IN THE MATTER OF :
Mrs. Plaintiff's name….Plaintiff
Versus
Smt. Defendant no. 1's name and others….Defendants
Index
| Sl. No. | Particulars | Page No. |
| 1 | Memo of Parties |
| 2 | Suit for partition on behalf of the 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 | Vakalatnama. |
Plaintiff
Place: New Delhi
DateThrough
COUNSEL
Law firm name & ASSOCIATES
Office No. Counsel's office number, Counsel's office address, Delhi-Counsel's office pincode
(M)-Counsel's mobile number
IN THE COURT OF THE LEARNED DISTRICT JUDGE,
Courts complex and city
CS NO./Suit number
IN THE MATTER OF :
Mrs. Plaintiff's name….Plaintiff
Versus
Smt. Defendant no. 1's name and others….Defendants
MEMO OF PARTIES
1. Mrs. Plaintiff's name, wife of Shri Plaintiff's husband's name, daughter of Late Shri Plaintiff's late father's name, resident of Flat No. Plaintiff's flat number, Plaintiff's apartment name, Pocket Plaintiff's pocket number, Sector Plaintiff's sector number, Rohini, Delhi…Plaintiff
Versus
1.Smt. Defendant no. 1's name, wife of Late Shri Defendant no. 1's late husband's name, resident of Flat No. Defendant no. 1's flat number, Defendant no. 1's building name, Plot No. Defendant no. 1's plot number, Sector Defendant no. 1's sector number, Defendant no. 1's locality, Delhi-Defendant no. 1's pincode.
2.Shri Defendant no. 2's name, son of Late Shri Plaintiff's late father's name, resident of Defendant no. 2's house number/X, Defendant no. 2's street, Defendant no. 2's locality, Defendant no. 2's city.
3.Shri Defendant no. 3's name, son of Late Shri Plaintiff's late father's name, resident of Flat No. Defendant no. 3's flat number, Plot No. Defendant no. 3's plot number, Sector Defendant no. 3's sector number, Defendant no. 3's locality, Delhi-Defendant no. 3's pincode.
4.Mrs. Defendant no. 4's name, wife of Shri Defendant no. 4's husband's name, daughter of Late Shri Plaintiff's late father's name, resident of Defendant no. 4's house number, Sector Defendant no. 4's sector number, Defendant no. 4's locality, Defendant no. 4's city, Defendant no. 4's state-Defendant no. 4's pincode.
5.Mrs. Defendant no. 5's name, wife of Shri Defendant no. 5's husband's name, Defendant no. 5's occupation, daughter of Late Shri Plaintiff's late father's name, resident of Defendant no. 5's house number, Defendant no. 5's locality, Defendant no. 5's state-Defendant no. 5's pincode.
6. Mrs. Defendant no. 6's name, wife of Shri Defendant no. 6's husband's name, daughter of Late Shri Plaintiff's late father's name, Defendant no. 6's address (address to be provided by the client)...Defendants
Plaintiff
Place: New Delhi
DateThrough
COUNSEL
Law firm name & ASSOCIATES
Office No. Counsel's office number, Counsel's office address, Delhi-Counsel's office pincode,
(M)-Counsel's mobile number
IN THE COURT OF THE LEARNED DISTRICT JUDGE,
Courts complex and city
CS NO./Suit number
IN THE MATTER OF :
Mrs. Plaintiff's name….Plaintiff
Versus
Smt. Defendant no. 1's name and others….Defendants
SUIT FOR PARTITION OF THE PROPERTY SITUATED AT FLAT NO. Suit property flat number, Suit property building name, PLOT NO. Suit property plot number, SECTOR Suit property sector number, Suit property locality, DELHI-Suit property pincode
MOST RESPECTFULLY SHOWETH:
1.That the Plaintiff is a law-abiding and peace-loving citizen of India, residing at Flat No. Plaintiff's flat number, Plaintiff's apartment name Apartment, Pocket Plaintiff's pocket number, Sector Plaintiff's sector number, Plaintiff's locality, Delhi.
2.That Defendant No. 1, Smt. Defendant no. 1's name, is the mother of the Plaintiff and is residing in the suit premises situated at Flat No. Suit property flat number, Suit property building name, Plot No. Suit property plot number, Sector Suit property sector number, Suit property locality, Delhi-Suit property pincode.
3.That Defendant No. 2, Shri Defendant no. 2's name, is the brother of the Plaintiff and is residing at Flat No. Defendant no. 2's flat number/X, Defendant no. 2's locality, Defendant no. 2's city, Defendant no. 2's state.
4.That Defendant No. 3, Shri Defendant no. 3's name, is the brother of the Plaintiff and is residing in the suit premises at Flat No. Suit property flat number, Suit property building name, Suit property builder's company name, Plot No. Suit property plot number, Sector Suit property sector number, Suit property locality, Delhi-Suit property pincode.
5.That Defendant No. 4, Mrs. Defendant no. 4's name, is the sister of the Plaintiff and is residing at Defendant no. 4's house number, Sector Defendant no. 4's sector number, Defendant no. 4's locality, Defendant no. 4's state-Defendant no. 4's pincode.
6.That Defendant No. 5, Mrs. Defendant no. 5's name, is the sister of the Plaintiff and is residing at Defendant no. 5's house number, Defendant no. 5's project name Project, Defendant no. 5's locality, Defendant no. 5's city, Defendant no. 5's state-Defendant no. 5's pincode.
7.That Defendant No. 6, Mrs. Defendant no. 6's name, is the sister of the Plaintiff and is residing at Defendant no. 6's address (address to be provided by the client).
8.That the father of the Plaintiff, Late Shri Plaintiff's late father's name, purchased the suit property on Date of purchase of suit property (day).Date of purchase of suit property (month).Date of purchase of suit property (year) from Name of seller under GPA through a General Power of Attorney, which was registered in the office of the Sub-Registrar, Delhi, vide Registration No. Registration number of power of attorney, in Additional Book No. Additional book number of registration, Volume No. Volume number of registration, on pages Registration page number (from) to Registration page number (to). A copy of the registered power of attorney and the site plan of the suit property are annexed with the present suit.
9.That the father of the Plaintiff, Late Shri Plaintiff's late father's name, died on Date of death of plaintiff's father (day).Date of death of plaintiff's father (month).Date of death of plaintiff's father (year), leaving behind Total number of legal heirs legal heirs, namely the Plaintiff herself and Defendant Nos. 1 to 6. A copy of the death certificate of Late Shri Plaintiff's late father's name is annexed with the present suit.
10.That the suit property was purchased by Late Shri Plaintiff's late father's name, father of the Plaintiff, and is situated at Flat No. Suit property flat number, Suit property building name, Suit property builder's company name, Plot No. Suit property plot number, Sector Suit property sector number, Suit property locality, Delhi-Suit property pincode. The Plaintiff is, therefore, legally entitled to a Plaintiff's share fraction in suit property share in the suit property upon the demise of her father, who passed away on Date of death of plaintiff's father (day).Date of death of plaintiff's father (month).Date of death of plaintiff's father (year).
11.That the Plaintiff is a legal heir of Late Shri Plaintiff's late father's name, who was the father of the Plaintiff and the sole and absolute owner of the suit property by virtue of a General Power of Attorney registered in the office of the Sub-Registrar, Delhi, vide Registration No. Registration number of power of attorney, in Additional Book No. Additional book number of registration, Volume No. Volume number of registration, on pages Registration page number (from) to Registration page number (to). The Plaintiff is, therefore, legally entitled to a Plaintiff's share fraction in suit property share in the suit property.
12.That Defendant No. 1, the mother of the Plaintiff, and Defendant No. 3, the brother of the Plaintiff, are residing in the suit property, which is situated at Flat No. Suit property flat number, Suit property building name, Suit property builder's company name, Plot No. Suit property plot number, Sector Suit property sector number, Suit property locality, Delhi-Suit property pincode.
13.That in October Year plaintiff learnt of defendants' plans, the plaintiff learnt from her neighbours and property dealers in the vicinity that the defendants were in communication with an interested buyer for the sale of the suit property. The plaintiff is under grave apprehension that the defendants may sell the said property to any other person without informing the plaintiff, and may divide the sale consideration amongst themselves. The defendants are attempting to grab the share of the plaintiff in the said property illegally and unlawfully.
14.That the plaintiff, in November Year plaintiff requested defendants and on several other occasions, requested the defendants to effect a partition of the suit property and to convey her 1/7th share therein, but the defendants refused to do so. The defendants remain adamant and have persistently asserted that they will not convey any share in the suit property to the plaintiff. The said acts and conduct of the defendants are wholly illegal, since they are attempting to deprive the plaintiff of her share in the suit property.
15.That the plaintiff once again requested the defendants in December Year plaintiff requested partition to effect a partition of the suit property and to convey her 1/7th share therein, but the defendants refused and threatened the plaintiff that she would face dire consequences if she again demanded her share in the suit property. The defendants remain adamant and have persistently asserted that they will not convey any share in the suit property to the plaintiff.
16.That the plaintiff made every effort to settle the matter out of Court and to have a partition of the suit property effected; however, the defendants remained adamant, owing to which the plaintiff is constrained to approach this Hon'ble Court by instituting the present suit for partition of the suit property.
17.That the suit property is situated at Flat No. Suit property flat number, Suit property building name, Plot No. Suit property plot number, Sector Suit property sector number, Suit property locality, Delhi - 1100XX, which is within the territorial jurisdiction of this Hon'ble Court; this Court therefore has jurisdiction to entertain the present suit.
18.That no suit other than the present suit for partition and declaration of title in respect of the above-mentioned suit property has been filed by the plaintiff.
19.That the cause of action for instituting the present suit arose on Date cause of action arose (day).Date cause of action arose (month).Year cause of action arose upon the demise of the father of the plaintiff; it further arose in Month defendants planned to sell property Year plaintiff learnt of planned sale when the plaintiff learnt from her neighbours and property dealers that the defendants were planning to sell the suit property at the earliest; it further arose in November Year plaintiff requested conveyance when the plaintiff requested the defendants to convey her 1/7th share in the suit property but the defendants refused to do so; it further arose in December Year defendants threatened plaintiff when the defendants threatened the plaintiff with dire consequences should she demand her share in the suit property; and the cause of action is continuing and subsisting.
20.That for the purposes of jurisdiction, the present suit is valued at Rs. Suit valuation (₹)/- and the requisite court fee of Rs. Court fee paid (₹)/- has been paid thereon.
PRAYER
In view of the above facts and circumstances, it is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:-
(a)Pass a decree for partition and declare the 1/7th share of the plaintiff in the suit property, situated at Flat No. Suit property flat number, Suit property building name, Plot No. Suit property plot number, Sector Suit property sector number, Suit property locality, Delhi - 1100XX, more specifically shown in the attached site plan, in favour of the plaintiff and against the defendants.
(b)Restrain the defendants nos. 1 to 6, and their agents, administrators, attorneys and representatives, from disposing of, transferring, alienating, mortgaging, charging or otherwise encumbering the suit property situated at Flat No. Suit property flat number, Suit property building name, Plot No. Suit property plot number, Sector Suit property sector number, Suit property locality, Delhi - 1100XX, more specifically shown in the attached site plan, till the final disposal of the present suit.
(c)Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case, in favour of the plaintiff and against the defendants.
Plaintiff
Place: New Delhi
DateThrough
COUNSEL
Law firm name & ASSOCIATES
Office No. 1, Counsel's office address, Delhi - Counsel's office pincode
(M) - Counsel's mobile number
IN THE COURT OF THE LD. DISTRICT JUDGE,
ROHINI COURTS, DELHI
CS NO./Suit number
IN THE MATTER OF :
Mrs. Plaintiff's name…Plaintiff
VERSUS
Smt. Defendant no. 1's name and Others…Defendants
AFFIDAVIT
I, Mrs. Plaintiff's name, aged about Plaintiff's age years, wife of Shri Plaintiff's husband's name, daughter of Late Shri Plaintiff's late father's name, resident of Flat No. Plaintiff's flat number, Pocket Plaintiff's pocket number, Sector Plaintiff's sector number, Plaintiff's locality, Delhi, do hereby solemnly affirm and declare as under:
1.That I am the plaintiff in the above-mentioned case and, as such, am well conversant with the facts and circumstances of the case and am competent to swear this affidavit.
2.That the accompanying suit for partition has been drafted by my counsel under my instructions; its contents have been read over and explained to me in my vernacular, are true and correct to my knowledge and belief, and shall form part and parcel of this affidavit, which are not repeated herein for the sake of brevity.
DEPONENT
VERIFICATION:
I, Mrs. Plaintiff's name, the deponent above named, do hereby verify that the contents of the above affidavit are true and correct to my knowledge and belief, that no part of it is false and that nothing material has been concealed therefrom.
Verified at Delhi on Date of verification of affidavit.
DEPONENT
IN THE COURT OF THE LD. DISTRICT JUDGE,
ROHINI COURTS, DELHI
CS NO./Suit number
IN THE MATTER OF :
Mrs. Plaintiff's name…Plaintiff
VERSUS
Smt. Defendant no. 1's name and Others…Defendants
APPLICATION UNDER ORDER 39 RULES 1 AND 2, READ WITH SECTION 151, C.P.C., FOR GRANT OF A PROHIBITORY INJUNCTION AGAINST THE DEFENDANTS
MOST RESPECTFULLY SHOWETH:
1.That the plaintiff has filed the suit for partition, which is pending adjudication before this Hon'ble Court.
2.That the contents of the partition suit shall be read as part and parcel of the present application and are not being reproduced herein for the sake of brevity.
3.That the plaintiff apprehends, in view of the facts and circumstances set out in the accompanying partition suit, that the defendants will transfer, alienate, mortgage or create a third-party interest in the suit property, and will thereby prevent the plaintiff from obtaining her 1/7th share therein.
4.That unless all the defendants are restrained from transferring, alienating, mortgaging or creating a third-party interest in the suit property, irreparable harm, loss and injury will be caused to the plaintiff, which cannot be compensated in terms of money, and the very purpose of instituting the present suit will be defeated.
5.That the balance of convenience lies in favour of the plaintiff and against the defendants, and the plaintiff is likely to succeed in the suit on all probabilities.
PRAYER
In view of the above facts and circumstances, it is, therefore, most respectfully and humbly prayed that this Hon'ble Court may graciously be pleased to:-
(a)Pass an ex-parte interim order restraining the defendants nos. 1 to 6, and their agents, administrators, attorneys and representatives, from selling, transferring, alienating, mortgaging or creating a third-party charge in respect of the suit property situated at Flat No. Suit property flat number, Suit property building name, Plot No. Suit property plot number, Suit property locality, Delhi - Suit property pincode, more specifically shown in the attached site plan, till the final disposal of the present suit.
b.Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in favour of the Plaintiff and against the Defendants.
`Plaintiff
Place: New Delhi
DateThrough COUNSEL
Law firm name & ASSOCIATES
Office No. 1, Counsel's office address, Delhi-Counsel's office pincode,
(M)-Counsel's mobile number
IN THE COURT OF THE LEARNED DISTRICT JUDGE,
ROHINI COURTS, DELHI
CS NO./Suit number
IN THE MATTER OF :
Mrs. Plaintiff's name… Plaintiff
Versus
Smt. Defendant no. 1's name and others… Defendants
AFFIDAVIT
I, Mrs. Plaintiff's name, aged about Plaintiff's age years, wife of Shri Plaintiff's husband's name, daughter of Late Sh. Plaintiff's late father's name, resident of Flat No. Plaintiff's flat number, Pocket Plaintiff's apartment name, Sector Plaintiff's pocket number, Plaintiff's sector number, Delhi, do hereby solemnly affirm and declare as under:
1.That I am the Plaintiff in the above-mentioned suit and, being fully conversant with the facts and circumstances of the case, I am competent to swear this affidavit.
2.That the accompanying application has been drafted by my counsel under my instructions, and its contents have been read over and explained to me in my vernacular. The contents of the said application are true and correct to my knowledge and belief, and the same shall be read as part and parcel of this affidavit, and are not repeated herein for the sake of brevity.
DEPONENT
VERIFICATION:
I, Mrs. Plaintiff's name, the deponent above named, do hereby verify that the contents of the above affidavit are true and correct to my knowledge and belief, that no part of the same is false, and that nothing material has been concealed therefrom.
Verified at Delhi on this Date of verification of affidavit day of, Year of affidavit verification.
DEPONENT