1656A

IN THE

LEARNED DISTRICT COURT

AT MUMBAI

IN THE MATTER OF

MR. RISHABH AGGARWAL…………………………………………………..…………

PLAINTIFF

(REPRESENTED BY HIMSELF)

V.

MR. KARAN AGGARWAL……………………………………………..…………. RESPONDENT

(REPRESENTED BY HIMSELF)

CIVIL APPEAL NO.: XXX/2019

[UNDER SECTION 6, 9,15,19 READ WITH 26 AND ORDER 7 OF THE CODE OF CIVIL PROCEDURE,

1908.]

MEMORIAL ON BEHALF OF PLAINTIFF

TABLE OF CONTENT
INDEX OF AUTHORITIES
 STATEMENT OF FACTS

Plaintiff, Mr. Rishabh Aggarwal’s grandfather who executed his last will and testament on 2000

of which probate was also obtained in 2010 from this Hon'ble Court. In an auction for the sale of

a property, the respondent-defendant, Mr Karan Aggarwal, purchased the subject matter property

for an amount of Rs.20 lakhs. The property was situated in Mumbai.

The auction of the property was made by the other legal heirs of applicant-plaintiff.The

applicant-plaintiff filed a civil suit in 2017 before the District Court in Mumbai for a declaration

the alienation made in favour of defendant-respondent Mr Karan Aggarwal is not valid and

binding, for mesne profits, for possession and for other reliefs such as costs and interests. 

He also files an interlocutory application in 2019 for the appointment of a Receiver for the suit

property pending disposal of the suit and alleged that the property originally belonged to his

grandfather. It is also alleged that if the respondents are allowed to enjoy the income of the

property during the pendency of the suit herein, it may be even impossible after the decree to

recover anything from them, apart from some estimated amount. Further the respondents are not

taking care of the property on account of which the property has fallen into disrepair and they are

not fetching good rent.

Respondent’s major point of contention is that the application for appointment of receiver has

been brought two years after the filing of the present suit and long after a similar application was

filed in the previous suit. This application is not bona fide and is intended to cause loss to him.

Hence, the present matter before this Court.

 STATEMENT OF JURISDICTION

The plaintiff most humbly and respectfully submits that the Learned District Court has the

requisite territorial, pecuniary and subject matter jurisdiction to try and hear the present appeal

under Section 6, 9,15,19 read with 26 and Order 7 of the Code of Civil Procedure, 1908.

The appellant most humbly submits to the jurisdiction of this Learned District Court.
 ISSUE FOR CONSIDERATION

1. Whether a receiver should be appointed over the subject matter property?

SUMMARY OF ARGUMENTS