IN THE HIGH COURT OF DELHI AT NEW DELHI

(CIVIL ORIGINAL JURISDICTION)

CS(OS) NO. OF 2012

IN THE MATTER OF:

1. Ms. Anjali Dubey

D/o Ram Anuj Dubey
R/o-661-B, Katra Hardyal,
Chandni Chowk, Delhi

2. Vijay laxmi
D/o Ram Anuj Dubey
R/o-661-B, Katra Hardyal,
Chandni Chowk, Delhi … Plaintiffs

Versus

1. Sh. Ram Anuj Dubey,

S/o Late Sh. Rajpati Dubey,
R/o-Sonia Vihar, Pocket-I,
Block-C, Shahdara, Delhi

2. Ms. Manju Dubey

D/o Ram Anuj Dubey
R/o-C-3/3167, Vasant Kunj,
New Delhi-70 … Defendants

SUIT FOR DECLARATION , PARTITION, SEPARATE POSSESSION &

PERMANENT INJUNCTION

MOST RESPECTFULLY SHOWETH:

1. That the Plaintiffs and defendant no.2 are sisters and the

defendant no.1 is the father of the plaintiffs and resident of the

aforesaid address as set out in the memo of parties.

2. That Smt. Saguna Devi, mother of plaintiffs and defendant no.2

and wife of defendant no.1 demised Intestate on 03.01.2012

leaving behind three daughters i.e. plaintiffs and the defendant

no.2 being her legal heirs.

3. That the mother of the plaintiffs and defendant no.2 died

 intestate leaving behind two adjacent to each other properties,

which were in her possession and she was the only legal owner of

the properties below mentioned whose boundaries are specifically

shown as under:-

a) Plot admeasuring 50 sq.yds. Khasra No.252, situated in

Village Sadatpur, Gujran in the abadi area of Sonia Vihar,

Pocket-I, Block-C, illaqa Shahadara, Delhi-94 whose

boundaries as shown as under:

East : Gali 7 feet wide.

West : Property of others.

North : Property of others.

South : Property of others.

b) Plot admeasuring 25 sq.yds. Khasra No.252, situated in

Village Sadatpur, Gujran in the abadi area of Sonia Vihar,

Pocket-I, Block-C, illaqa Shahadara, Delhi-94 whose

boundaries as shown as under:

East : Property of Smt. Saguna Devi.

West : Gali 15 feet wide.

North : Property of others.

South : Property of others.

Which is hereinafter referred as ‘suit properties’. The rough

site plan of the suit property is annexed herewith as

Annexure P-1.

4. That the suit property as mentioned above was the self acquired

property of Smt. Saguna Devi who had purchased the same from

her own funds from one Sh. Ramesh Chand S/o Sh. Saktu Ram

R/o-25, Village Sadatpur, Gujran, Karawal Nagar Road,

Shahdara Delhi-94 and Ramesh Chand issued agreement of sell,

 GPA in favour of Smt. Saguna Devi and the same was duly

executed by Sh. Ramesh Chand and acknowledged the same by

issuing the receipts for the consideration amount received from

Smt. Sugna Devi.

5. That Smt. Saguna Devi purchased the aforesaid suit properties

from her own funds vide registered General Power of Attorney

which were registered in the office of the Sub-Registrar,

Seelampur, New Delhi at GPA No. 13706, addl. Book no. 4, Serial

No. 827 at page no.92 to 93 on 02.04.2003 and other was

registered at GPA No.33562, in addl Book No. 4, Serial No.827 at

page no.35 to 36 on 30.07.2003 in the office of Sub-Registrar,

Seelampur, New Delhi. That during her life time Smt. Sugna Devi

was in possession of the suit properties as she received the

possession of the said suit properties from the previous rightful

owner who sold the said suit properties to the mother of the

plaintiffs and the defendant no.2.

6. That as per the Hindu Succession Act self acquired property of a

female would be her absolute property and the plaintiffs and the

defendants are falls in the first category as per the schedule and

all the plaintiffs and the defendants are the legal heirs of late

Smt. Saguna Devi and equally entitled in the suit properties being

co-parcener and no one alone is the absolute legal heir of Smt.

Saguna Devi. The suit property has to be equally be devolved

among the legal heirs of Smt. Saguna Devi as per law.

7. That Smt. Saguna Devi during her life time rented out the said

premises by inducting tenants and received the rent from the

tenants and now the defendant no.1 is receiving the rent with the
 consent of the plaintiffs and the defendant no.2. That the plaintiff

and defendant were entered into family arrangement and it was

agreed between the plaintiffs and defendants that the rent be

handed over to the defendant no.1 for his survival and

accordingly the defendant no.1 is receiving the rent of the suit

property from the tenant till date.

8. That during the passage of time the defendant no.1 come in the

touch of bad persons and had an evil eye on the suit properties of

plaintiffs and defendant no.2 and trying to alienate the suit

property without discharging any liability of the father. It is

pertinent to mention here that both the plaintiffs are unmarried

and at the verge of marriageable age and without considering the

same the defendant No.1 deserted them saying that he had no

relation with them.

9. That now the defendant no.1 is willing & trying to sold out the

suit properties without the consent of the plaintiffs and the

defendant no.2 and by misrepresenting the proposed purchasers

as the owner of the suit property. However, the plaintiffs and the

defendant no.2 has great love and affection with the suit

properties and they are not willing to sold out the properties left

by their mother as they have great emotional values for the same,

as the same is left by their mother for themselves as a token of

love.

10. That the defendant no.1 in the last week of February, 2012 tried

to steal the documents relating to the suit properties but could

not succeeds in his illegal motive due to the timely intervention of

the plaintiffs as the documents are in the possession of the

 plaintiffs after the death of Smt. Saguna Devi. Hence there is

reasonable apprehension that the defendant no.1 might have

dispose of the suit properties by creating lien or by any means

and deprive the plaintiffs from their legal right to enjoy the suit

properties.

11. That thereafter the plaintiffs approached to the defendant no.1

and requested to not to dispose off the suit property as they had

great value for the same but the defendant no.1 flatly refused and

threatened the plaintiffs that the suit properties are belongs to

him and after the death of Smt Sugna Devi he is the owner of the

said suit properties and restraining the plaintiffs to interfere in

the way of defendant No.1 in disposing off the suit properties in

any manner.

12. That the defendant no.1 is adamant to deprive the plaintiffs and

the defendant no.2 from their rightful enjoyment in the suit

property and also refused to abide by the oral family arrangement

entered between the plaintiffs and the defendants, which clearly

show the dishonest intention of the defendant no.1. However,

during the lifetime of the mother of the plaintiffs the defendant

no.1 never supported the mother of plaintiffs rather he had taken

money from Smt. Saguna Devi for his own survival and now the

defendant no.1 illegally depriving the plaintiffs from her legal

right of enjoyment of the suit properties.

13. That the plaintiffs has apprehension that the defendant no.1

might have dispose off the suit properties left behind by their

mother for themselves and if the defendant no.1 succeeds in his

illegal motive then the plaintiffs would be deprived from the

 rightful use and ownership and in such circumstances the great

injustice and prejudice would be caused to the plaintiffs. Hence

the defendant no.1 is required to be permanently restrained from

creating lien or dispose of the suit properties in any manner.

14. That the Cause of action arose on …………… when the mother of

the plaintiffs demised intestate and thereafter on various dates

when the defendant no.2 tried to dispose off the suit property and

since then the same is continuous and subsisting till date.

15. That this Hon’ble Court has the territorial jurisdiction to entertain

the present plaint as the suit property is situated within the

territorial jurisdiction of this Hon’ble Court, hence, this court is

competent to adjudicate the present suit and decide the rights of

the plaintiffs in the suit property and also declaration in respect

to the suit properties.

16. That the valuation of the present suit for the relief of partition is

Rs. …………..…….. lakhs, However, as plaintiffs and defendants

are jointly in possession of some of these properties qua the

tenant in the properties at Sonial Vihar, the plaintiffs is presently

affixing advalorem Court fee of Rs………………. on his share in the

suit property.

17. That the valuation of the suit for the relief of declaration is Rs.

200/- on which a fixed Court fee of Rs. 20/- is being paid.

18. That the valuation of the suit for the relief of permanent

injunction is Rupees 130/- on which appropriate Court fee of Rs.

13 is being paid.

PRAYER
It is therefore, respectfully prayed that this Hon’ble Court may pass

a decree declaring that:

(a) Pass a Decree of declaration, declaring therein the

individual ¼ share of the plaintiffs and defendants in the

suit properties in respect of the joint and equal ownership

of the properties detailed hereinabove, is valid and binding

on the defendants as shown in the Annexure P-1.

(b) To pass a preliminary decree of partition of the suit

properties as per law and the properties may be partitioned

by metes and bounds and divided equally between the

plaintiffs and defendants i.e.1/4 share of each plaintiff and

defendants.

(c) Pass a final decree of partition for separate allotment and

possession of 1/4th share of the plaintiffs each in the suit

property directing therein the defendant no.1 & 2 to

handover the peaceful vacant possession of the plaintiff’s

1/4th share from the suit property.

(d) To pass a decree of permanent injunction restraining the

defendants their servants, employees, assignees, agents

from selling, alienating and /or creating 3 rd party interest or

encumbering properties mentioned hereinabove.

(e) Allow the cost of the suit.

(f) Pass such other order or order as may deem fit and proper

in the facts and circumstances of the case in the interest of

justice.
 Plaintiffs

Through
Vikram Singh
(Advocate)
Ch.No.939-940,
Patiala House Courts
New Delhi
New Delhi
Dated:

Verification:

Verified at Delhi on this……..day of February, 2012 that the

contents of para no.1 to para no……..are true and correct to the best of

my knowledge and belief and there is no misrepresentation in it and

para no……. to para no……are true and correct on the basis of legal

advice received by the plaintiffs and the last para is prayer clause to

this Hon’ble Court.

Plaintiffs
 IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL ORIGINAL JURISDICTION)
I.A. No……………of 2012
IN
CS(OS) NO. OF 2012

IN THE MATTER OF:

Ms. Anjali Dubey & Anr. … Plaintiffs

Versus

Sh. Ram Anuj Dubey & Anr … Defendants

APPLICATION UNDER ORDER XXXIX, RULE 1 & 2 READ WITH

SECTION 151 CPC FOR AD-INTERIM EX-PARTE TEMPORARY
INJUNCTION/STAY/STATUS QUO IN FAVOR OF THE PLAINTIFFS.

Most Respectfully Showeth:

1. That the applicant is the plaintiffs in the accompanying suit

for partition, declaration and permanent injunction against the

defendants. The contents of the accompanying suit may be

read as part and parcel to the present application which are

not repeated herein for the sake of brevity.

2. That the plaintiffs has come to know on 26.02.2012 that the

defendant is attempting to dispose off the suit properties by

selling the same as the defendant no.2 is showing the suit

properties to the dealers and the dealers are continuously

visiting to the suit properties and enquiring from the

neighbors.

3. That in case the defendant succeeds in his object to dispose off

or create third party interest in the said property then the

plaintiffs would suffer irreparable loss and great prejudice

 would be caused to the plaintiffs and the damages which can

not be compensated in terms of money. The plaintiffs is entitle

for a ad-interim ex-parte injunction against the defendants

restraining therein the defendants from dispose off the suit

properties and create third party interest in the properties

mentioned above.

4. That balance of convenience is lies in favour of the plaintiffs

and against the defendant and there is every possibility of the

plaintiffs to succeed in the present suit as the plaintiffs has a

very good case against on merits against the defendants and is

likely to succeed in the suit.

5. That the plaintiffs 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 plaintiffs/applicant.

6. That no prejudice would be caused to the defendant in case

the Ad-Interim Ex-Parte Injunction/Stay/Status Quo is

granted to the plaintiffs/applicant.

P R A Y E R

It is therefore most respectfully prayed that this Hon’ble Court may

graciously be pleased to:

a) Pass an order/direction granting therein the Ad-Interim Ex-

Parte Injunction/Stay/Status Quo in favour of the

plaintiffs/applicant restraining therein the defendant his

attorney, legal heirs, agents, servants from selling/

alienating, or creating 3rd party interest or encumbering

 properties mentioned in the plaint till the final disposal of

the present suit.

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

may deem fit and proper in the facts and circumstances of

the case in the interest of justice.

Plaintiffs

Through

Vikram Singh & Biswajit Swain

(Advocates)
Ch.No.939-940,
Patiala House Courts
New Delhi
New Delhi
Dated:
 IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL ORIGINAL JURISDICTION)
I.A. No……………of 2012
IN
CS(OS) NO. OF 2012

IN THE MATTER OF:

Ms. Anjali Dubey & Anr. … Plaintiffs

Versus

Sh. Ram Anuj Dubey & Anr … Defendants

AFFIDAVIT

I, Anjali Dubey D/o Ram Anuj Dubey, R/o-661-B, Katra Hardyal,

Chandni Chowk, Delhi, aged about ….. years, do hereby solemnly affirm
and state as under:

1. That the deponent is the defendant 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

read with Section-151 for ad-interim ex-parte stay/injunction/

status quo is drafted by my counsel upon my instructions and

contents thereof are true and correct to best of my knowledge,

which are read over to me in vernacular.

Deponent

Verification:

Verified at Delhi On this day of March, 2012 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 HIGH COURT OF DELHI AT NEW DELHI
(CIVIL ORIGINAL JURISDICTION)
CS(OS) NO. OF 2012

IN THE MATTER OF:

Ms. Anjali Dubey & Anr. … Plaintiffs

Versus

Sh. Ram Anuj Dubey & Anr … Defendants

AFFIDAVIT

I, Anjali Dubey D/o Ram Anuj Dubey, R/o-661-B, Katra Hardyal,

Chandni Chowk, Delhi, aged about ….. years, do hereby solemnly affirm
and state as under:

1. That the deponent is the defendant and well conversant with the

facts and circumstances of present case and as such competent

of swear the present affidavit.

2. That the accompanying civil suit is drafted by my counsel upon

my instructions and contents thereof are true and correct to best

of my knowledge, which are read over to me in vernacular.

Deponent

Verification:

Verified at Delhi On this day of March, 2012 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 HIGH COURT OF DELHI AT NEW DELHI
(CIVIL ORIGINAL JURISDICTION)
I.A. No……………of 2012
IN
CS(OS) NO. OF 2012

IN THE MATTER OF:

Ms. Anjali Dubey & Anr. … Plaintiffs

Versus

Sh. Ram Anuj Dubey & Anr … Defendants

AFFIDAVIT

I, Vijay laxmi D/o Ram Anuj Dubey R/o-661-B, Katra Hardyal, Chandni
Chowk, Delhi , aged about ….. years, do hereby solemnly affirm and
state as under:

1. That the deponent is the defendant 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

read with Section-151 for ad-interim ex-parte stay/injunction/

status quo is drafted by my counsel upon my instructions and

contents thereof are true and correct to best of my knowledge,

which are read over to me in vernacular.

Deponent

Verification:

Verified at Delhi On this day of March, 2012 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 HIGH COURT OF DELHI AT NEW DELHI
(CIVIL ORIGINAL JURISDICTION)
CS(OS) NO. OF 2012

IN THE MATTER OF:

Ms. Anjali Dubey & Anr. … Plaintiffs

Versus

Sh. Ram Anuj Dubey & Anr … Defendants

AFFIDAVIT

I, Anjali Dubey D/o Ram Anuj Dubey, R/o-661-B, Katra Hardyal,

Chandni Chowk, Delhi, aged about ….. years, do hereby solemnly affirm
and state as under:

1. That the deponent is the defendant and well conversant with the

facts and circumstances of present case and as such competent

of swear the present affidavit.

2. That the accompanying civil suit is drafted by my counsel upon

my instructions and contents thereof are true and correct to best

of my knowledge, which are read over to me in vernacular.

Deponent

Verification:

Verified at Delhi On this day of March, 2012 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 HIGH COURT OF DELHI AT NEW DELHI
(CIVIL ORIGINAL JURISDICTION)
CS(OS) NO. OF 2012

IN THE MATTER OF:

Ms. Anjali Dubey & Anr. … Plaintiffs

Versus

Sh. Ram Anuj Dubey & Anr … Defendants

MEMO OF PARTIES

1. Ms. Anjali Dubey

D/o Ram Anuj Dubey
R/o-661-B, Katra Hardyal,
Chandni Chowk, Delhi

2. Vijay laxmi
D/o Ram Anuj Dubey
R/o-661-B, Katra Hardyal,
Chandni Chowk, Delhi … Plaintiffs

Versus

1. Sh. Ram Anuj Dubey,

S/o Late Sh. Rajpati Dubey,
R/o-Sonia Vihar, Pocket-I,
Block-C, Shahdara, Delhi

2. Ms. Manju Dubey

D/o Ram Anuj Dubey
R/o-C-3/3167, Vasant Kunj,
New Delhi-70 … Defendants

Plaintiffs
Through

Vikram Singh & Biswajit Swain

(Advocates)
Ch.No.939-940,
Patiala House Courts
New Delhi
New Delhi
Dated:
 IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL ORIGINAL JURISDICTION)
CS(OS) NO. OF 2012

IN THE MATTER OF:

Ms. Anjali Dubey & Anr. … Plaintiffs

Versus

Sh. Ram Anuj Dubey & Anr … Defendants

APPLICATION UNDER SECTION - 151 CPC, FOR EXEMPTION FROM

FILING ORIGINAL DOCUMENTS ON BEHALF OF THE PLAINTIFFS.

MOST RESPECTFULLY SHOWETH:

1. That the applicant is the plaintiff in the accompanying suit for

declaration, partition, separete possession, and permanent

injunction.

2. That the plaintiffs are unable to file the original

documents/annexures with the present suit as such the original

documents pertaining to the immoveable suit property as

mentioned in the suit. It is submitted herein that the plaintiffs

are not in the possession of the original documents, however, the

original documents are in the power and possession of the

defendant no.1.

3. That the great prejudice would be caused to the plaintiffs in case

the exemption from filing the original documents is not allowed.

 P R A Y E R

It is therefore most respectfully prayed that this Hon’ble Court may

graciously be pleased to:

a) Allow the application of the plaintiffs as the original documents

are in the power & possession of the defendant no.1 to 3.

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

fit and proper in the facts and circumstances of the case in the

interest of justice.

Plaintiffs
Through

Vikram Singh & Biswajit Swain

(Advocates)
Ch.No.939-940,
Patiala House Courts
New Delhi
New Delhi
Dated:
 IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL ORIGINAL JURISDICTION)
CS(OS) NO. OF 2012

IN THE MATTER OF:

Ms. Anjali Dubey & Anr. … Plaintiffs

Versus

Sh. Ram Anuj Dubey & 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.

Plaintiffs
Through

Vikram Singh & Biswajit Swain

(Advocates)
Ch.No.939-940,
Patiala House Courts
New Delhi
New Delhi
Dated:
 IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL ORIGINAL JURISDICTION)
CS(OS) NO. OF 2012

IN THE MATTER OF:

Ms. Anjali Dubey & Anr. … Plaintiffs

Versus

Sh. Ram Anuj Dubey & Anr … Defendants

Urgent Application

To,

The Registrar,

Delhi High Court,

At New Delhi.

Sir,

Kindly treat the accompanying suit as urgent one as per the rules

and regulations of Delhi High Court. The ground of urgency is as under:

Urgent relief is sought for ad interim ex-parte stay against the

defendants.

Plaintiffs
Through

Vikram Singh & Biswajit Swain

(Advocates)
Ch.No.939-940,
Patiala House Courts
New Delhi
New Delhi
Dated: