UNIVERSITY OF PETROLEUM & ENERGY STUDIES

SCHOOL OF LAW

B.A, LL.B. (HONS.) EL

V SEMESTER

ACADEMIC YEAR: 2018-19 SESSION: AUG-DEC., 2018

SLP

FOR

Civil Drafting

Under the Supervision of: Mrs. Arpi Jain

SUBMITTED BY:

ARUSHI KUMAR (20)

 IN THE SUPREME COURT OF INDIA
(ORDER XVI RULE 4(1)(a))
CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION

(Under Article 136 of the constitution of India against orders dated

12/10/2018 passed by the High Court of Uttrakhand by Hon’ble Justice
Sanjeeva Sachdev)

S.L.P. (Civil) No. 258 of 2018

(Hon’ble High Court passed the order dated 12/10/2018 against the below
mentioned appellant without considering the evidences annexed herein as
Annexure A-1)

Shri Ashish Bansal S/o Shri Dilip Bansal R/o A-260, Jigar Colony, Civil Lines, Delhi,
presently residing at Sahastradhara, Dist. Dehradun

………...Appellant

Vs.

Shri Virendra Kumar S/o Shri Dheeraj Kumar R/o 100/45 Vikas Nagar, Dehrdun.
……..Respondent
To,

Hon'ble the Chief Justice of India

and His Companion Judges of the
Supreme Court of India.

The Special Leave Petition of the Petitioner most respectfully

Showed:-

1. The petitioner/petitioners above named respectfully submits this petition

seeking special leave to appeal against the judgment/order of

(Here specify the Court/Tribunal against whose order the leave to

appeal is sought for together with number of the case, date of the order
and the nature of the order such as allowing or dismissing the matter or
granting or refusing the interim order etc.)

2. QUESTION OF LAW:
 Order passes by the High court of Uttrakhand is violating the
principles of natural justice
 There is an open question in the sense that it is not
finally settled by this court.
 There is some doubt or difference of opinion on
the issue.

3. DECLARATION IN TERMS OF RULE 4(2)

The petitioner states that no other petition seeking leave to appeal has
been filed by him against the impugned judgment and order.

4. DECLARATION IN TERMS OF RULE 6

 The annexures produced alongwith the SLP are true copies of the
pleadings/documents which formed part of the records of the case in the
Court/Tribunal below against whose order the leave to appeal is sought
for in this petition.

5. GROUNDS

Leave to appeal is sought for on the following grounds.

 Because the High Court failed to consider this fact
that the Respondent in collusion and connivance
with the surveyor had acted malafidely so as to
cause harm to the complainant and derive
unlawful gains.
 Because the impugned Judgment passed by the
Ld. Forum is against facts, evidence and law
 Because the court failed to consider this fact that the claim of the
Complainant was genuine.
 Because the court failed to consider that the
Complainant had promptly taken all the action
and had duly registered title deed of the property
and lease deed.
 Because the court erred in not considering this
fact that the defendant has repudiated the lawful
claim of the complainant on baseless, false &
frivolous ground and refused to evict the shop.
 Because the court failed to consider this fact that
the Defendant from beginning was malafide that’s
why he has constructed two storey building
without the permission of the appellant.
 Because the court erred in not considering this fact that the
defendant has not come with clean hands.
 Because the Learned Court has acted on the basis of conjectures
& surmises.
  The appellant has to face huge problems and
mental pressure for not getting justice from the
court.
 Appellant cannot able to earn his day to day needs
after his retirement.
 The appellant is imprisoned for the causes in
which he is not liable.
 Because the impugned Judgment is even otherwise bad, illegal
and is liable to be set aside and complaint of the
Complainant/Appellant was liable to be allowed.

6. GROUNDS FOR INTERIM RELIEF:

As the appellant is a retired government officer and he has to find a source for his
livelihood and for marrying his daughter so the appellant only request to the Hon able
court that:

a) By decree of temporary injunction the defendant may kindly be restrained

from doing his business in that property and restrained from illegally &
forcefully interfering in the peaceful ownership of the plaintiff over the
property in suit morefully described in the schedule given at the foot of this
plaint and also marked in Red color on the plan attached with this plaint and
from encroaching upon the same in any manner whatsoever.
b) By decree of temporary injunction from the criminal suit against the plaintiff.
Till this court gives any judgment.
c) Any other relief which the learned Court deems fit & proper in the
circumstances of the case is also issued in favor of the plaintiff & against the
defendant
d) Full cost of the suit may kindly be awarded in favor of the plaintiff and against
the defendant.
 MAIN PRAYER

1. That the impugned Judgment/order dated 12.10.2018 be set aside and the
complaint of the complainant/Appellant is liable to be allowed for all reliefs
claimed.
2. That full cost of the appeal is awarded to the appellant.

3. That any other order as the Hon’ble Commission may deem fit and proper be
also passed in favor of the Appellant.

Place: Dehradun Advocate for the petitioner

Date: 21.10.2018

Settled by:

(Aditi Singh, Senior Advocate)

Counsel for the Complainant/Appellant
 IN THE SUPREME COURT OF INDIA

[ORDER XVI RULE 4(1) (A)]

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION

(UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA)

SPECIAL LEAVE PETITION (CIVIL NO.258 OF 2019)

(Against the final Judgment and order dated of the Hon’ble High Court of
Uttrakhand )

Shri Ashish Bansal S/o Shri Dilip Bansal R/o A-260, Jigar Colony,
Civil Lines, Delhi, presently residing at Sahastradhara, Dist.
Dehradun

………...Appellant

Vs.
Shri Virendra Kumar S/o Shri Dheeraj Kumar R/o
100/45 Vikas Nagar, Dehradun.
……………..Respondents
AFFIDAVIT

I, Ashish bansal of the Petitioner, aged about 40 years, residing at Snowdon

Estate, Hathi Paon, Haldwani, Uttrakhand do hereby solemnly affirm and state
as under:

1. That I am Ashish bansal of the Petitioner in the above matter and I am

conversant with the facts and circumstances of the case, as gathered from
the records of the case. As such I am competent to affirm this Affidavit.
2. That I have read contents of para 1 to —— in page Nos. —— to —— of
the accompanying Special Leave Petition filed against the Impugned
Judgment and order dated 12.10.2018 of the Hon’ble High Court of
Judicature at Uttrakhand in Appeal No. 258 of 2018 and have understood
the same. I state that the facts stated in the Petition are true to my
knowledge as gathered from the records of the case. Parties to the present
Petition are the same as they were before the Courts below.
 3. That I have read the accompanying list of dates and event from page 1 to
7 and prayers and say that what is stated therein is true to my knowledge
and belief.
4. That Certified copy of impugned judgment and order dated 12.10.2018
of the High Court is filed with the Petition.
5. The accompanying Annexures to the Petition are true copies of their
respective originals.
6. That the Petitioners have not filed any other petition before this Hon’ble
Court against the Impugned Judgment and order dated 12.10.2018 of the
High Court.
7. No facts which are not pleaded before the Court below have been
pleaded in the affidavit.

Deponent

Verification

I, the Deponent abovenamed do hereby verify that the contents of paras 1 to 7 of

my above affidavit are true to my knowledge, no part of it’s is false and nothing
material has been concealed therefrom.

Verified at Dehradun on this October 21 day of 2018

advocate for the Petitioner

A Depondent
Before me
Associate High Court, Uttrakhand