IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION),

GURUGRAM

Case no _______of 2019

Memo of Parties

Vipin Kumar Yadav son of Sh. Vijay Yadav, Village Tikli, Tehsil
and District Gurugram
...............PLAINTIFF

VERSUS

1. Savitri Devi Wife of Late Sh. Om Prakash Sharma

2. Kunal Kaushik Son of Late Sh. Om Prakash Sharma
3. Himanshu Kaushik son of Late Sh. Om Prakash Sharma

All of the above residents of V & P.O. Jharsa, Near Atta

Chakki, Tehsil and District Gurugram.
................DEFENDANTS

Filed By: -

Nishant Ahlawat
Advocate and Legal Consultant

Dated: 13th Dec 2019

Gurugram

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 IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION),
GURUGRAM.
Case no _______of 2019

Vipin Kumar Yadav Versus Dayawati And Ors

SUIT FOR DECLARATION AND PERMANENT AND

MANDATORY INJUNCTION

Most Respectfully Sheweth:

1. That the Plaintiff is a respectable citizen of India and is

a resident of Gurugram.

2. That in the month of April 2018, plaintiff purchased

plot admeasuring 270 sq. yards, (size 30’ X 81’) out of

Khasra No. 2952 Min. in the abadi of Laxman Vihar –

Phase 2 in the are of Village and Post Office

,Gurugram and bounded as under : -

East : Road West: Other Plot

North: Other Plot South: Other Plot ,

From Smt. Dayawati, aged about 60 years wife of

Sh.Dharampal resident of House No 25, Village Kahri,

Tehsil and District, Rewariafter paying a total

consideration amount of ₹ 15,00,000/- ( Rupees

Fifteen Lakh Only). That Smt. Dayawati had purchased

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the abovesaid plot from one Late Sh. Om Prakash

Sharma son of Shri Shiv Charan Das Sharma, who is

husband of Smt. Dayawati and father of Defendant no

2 and 3 after paying a sum of Rupees Ninety Eight

thousand Five Hundred (₹ 98500/-) vide receipt dated

5th April 1990 wherein General Power of Attorney

dated 5th April 1990, Agreement to Sale dated 5 th April

1990 and Will dated 5th April 1990 were duly executed

and registered before office of Sub- Registrar, Delhi

(Copy annexed as Annexure P-1 Colly). That said Late

Sh. Om Prakash Sharma executed the above stated

General Power of Attorney, Will and Agreement to Sale,

all dated 5th April 1990 in favor of the Smt. Dayawati

and simultaneously the possession of the said plot was

duly handed over to Smt. Dayawati on 5th April 1990.

Which Smt. Dayawati enjoyed till April 2018, where

after she handed over the possession of the said plot to

Plaintiff and got the said transaction registered vide

Registered Sale Deed no 14436 dated 28 December

2018. ( Copy of the Registered deed annexed as

Annexure – P 2)

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3. That while the said Vipin Kumar Yadav being the

bonafide purchaser of the said plot took the possession

of the above said plot in the month of April 2018,

which was got registered in the month of December

2018. And in the month of February 2019 entry of

mutation was also updated. ( Copy of the mutation

entry annexed as Annexure P -3)

4. That wherein, in the month of Feb-March 2019,

Defendant No 1 to 3 started disturbing, his peaceful

possession of the above said property. Subsequently,

Plaintiff had complained to the Police Station, for

taking appropriate action. However, in their mala fide

and in furtherance of their nefarious designs to disturb

the peaceful possession of the said property,

Defendant No 1 to 3 filed a false police complaint

contrary to the facts, incorrectly stating that Plaintiff

has got the title of the documents based on false and

forged documents which is absolutely untrue.

5. That it is further stated that Defendants no 1 to 3, out

of their greed are trying to extort money from the

plaintiff, by falsely claiming in front of the police to be

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 owner of the above said property. Contrary to the true

and correct facts they are misguiding the authorities

and stating that no rights were transferred to

Defendant No1 , wherein the actual and true fact is

that as stated in Para 1, that Late Sh. Omparkash

Sharma had duly transferred to Smt. Dayawati the

irrevocable rights, title and authority against valuable

consideration to sell the said plot to the plaintiff who

had in due process of law and as a bona fide

purchased the said plot.

6. That Defendants No 1 to 3 in furtherance of their

nefarious designs, in connivance with revenue

officials, falsely and illegally, based upon

misrepresentation, got the mutation endorsed in their

favor. (Copy of the said document annexed as

Annexure P-4)

7. That even at the cost of repetition it is pertinent to

mention here that the said GPA, Agreement of Sale and

will as were duly executed by Late Sh. Omparkash

Sharma in favor of Smt. Dayawati are irrevocable , and

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 the legitimate and absolute rights of the said plot have

been duly transferred to the Plaintiff.

8. That the cause of action arose when in the month of

Feb – March 2019 when the Defendants, disturbed the

peaceful possession of the Plaintiff of the said plot, it

also arose when the Defendants filed the false police

complaint based on false facts and white lies , it also

arose when the Defendants illegally and based upon

misrepresentation got their name updated in the

mutation record, and it also arose when the

Defendants threatened the Plaintiff with false legal

cases.

9. That the said property falls within the municipal limits

and jurisdiction of Gurugram and hence this court is

competent to, admit entertain and decide the present

suit.

10. That the value of the suit for the purpose of the court

fee and jurisdiction is Rs. 200/- hence a court fee of

Rs.25/- has been affixed on the plaint.

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 11. That there is no pending or decided suit between the

parties to the suit on the same cause of action in any

court of law.

Prayer,

It is, therefore, most humbly prayed:

1. That a decree for:

(i) Permanent and mandatory injunction may kindly be

passed in favour of the plaintiff and against the

defendants with costs, restraining the defendants,

their agents, assignees, representatives etc. from

illegally constructing structure at the said plot

detailed in Para 1 and other paras of the plaint,

infringing civil and ownership rights of the plaintiff's;

and

(ii) . Permanent and mandatory injunction may kindly be

passed in favor of the plaintiff and against the

defendants with costs, directing the defendants, their

agents, assignees, representatives etc. not to disturb

or interfere with the peaceful enjoyment by plaintiff of

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 his exclusive possession of the said plot as detailed in

Para 1 and other paras of the plaint; and

(iii). Declaration declaring the mutation dated 14 May

2019 that the defendants got entered into their favor

as illegal and void and directing the concerned

revenue authorities to strike it from records;

2. The Defendants be directed to pay the cost of litigation

to the plaintiffs.

3. Any other relief which this Hon'ble Court deem fit in

the facts of the case may also be granted in favour of the

plaintiff and against the defendants.

Plaintiff

Vipin Kumar Yadav

Verified on this 13th day of December 2019 , that the contents of

Para no 1 to 7 of the plaint as stated are true and correct to the

best of my knowledge and belief and Para No. 8 to 11 is believed

to be correct and the last Para is a prayer clause.

13th December 2019

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Gurugram Plaintiff

Vipin Kumar Yadav

Through Counsels

Nishant Ahlawat, Nidhi Ahlawat

ADVOCATES

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 IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION),
GURUGRAM.
Case no _______of 2019

Vipin Kumar Yadav Versus Dayawati and Ors

Suit for Declaration and Permanent and Mandatory Injunction

Application under order 39 Rule 1, 2 and 3 read with Section 151

of the Code of Civil Procedure

Most respectfully sheweth,

1. That the applicants has filed the above noted suit today and

the contents of the plaint may kindly be read as part and

parcel of this application.

2. That the Plaintiffs is the owner in possession of the suit

property i.e. plot admeasuring 270 sq. yards, (size 30’ X 81’)

out of Khasra No. 2952 Min. in the abadi of Laxman Vihar –

Phase 2 in the area of Village and Post Office ,Gurugram and

bounded as under : -

East : Road West: Other Plot

North: Other Plot South: Other Plot .

3. That Defendants, and their agents representatives are trying

to dispossess Plaintiff from his rightful ownership of the said

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 plot as detailed in Para 1 above, and are also illegally and

contrary to the facts claiming to be owner of the said plot.

4. That the applicant/ plaintiff also apprehends that the

Defendants may try to illegally sell the said plot with

intention of causing wrongful loss to the plaintiff and for their

wrongful gains.

5. That the acts of the Defendants are causing irreparable loss

to the Plaintiff and are materially disturbing and violating

plaintiff’s peaceful possession and enjoyment of the plot.

6. That the plaintiff has a good prima facie case and the balance

of convenience lies in the favor of plaintiff, he being the

owners in possession of the said plot as detailed in the Para 2

of the application and various paras of the plaint.

Prayer,

It is therefore prayed:

1. That an ad interim injunction directing the:

(a) Defendants and their agents/representatives to refrain from

disturbing plaintiff’s peaceful possession of the said plot as
detailed in the plaint and para 2 of this application and
further restraining the Defendants;

(b) Direct Defendants to refrain from illegally creating any third

party rights in the said plot;

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(c) an ex parte ad interim injunction be granted against the
Defendants and in favor of the plaintiff to preserve the above
said property as detailed in Para 2 of the plaint in the
welfare and interest of plaintiffs .

2. Any other that this honorable court deems fit may kindly be
passed in favor of the plaintiff and against the defendant till the
final decision of the case.

13th December 2019

Gurugram Applicant /Plaintiff

Through Counsels

Nishant Ahlawat, Nidhi Ahlawat

Advocates

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 IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION),
GURUGRAM.
Case no _______of 2019

Vipin Kumar Yadav Versus Dayawati And Ors

Suit for Declaration and Permanent and Mandatory Injunction

AFFIDAVIT

Respectfully Sheweth:

I Vipin Kumar Yadav son of Sh. Vijay Yadav, Village Tikli, Tehsil
and District Gurugram do here by solemnly affirm and declare as
under :
1. That I am fully conversant with the facts and

circumstances of the case and am competent to depose to

this affidavit.

2. That the accompanying plaint has been drafted under my

instructions and the contents therefore are true and correct

to my knowledge and be read as part of this affidavit as the

same are not being repeated herein for the sake of brevity.

Deponent

Verification: Verified on this 13th day of Dec 2019 at Gurgaon

that the contents of the accompanying plaint and para No. 1

and 2 of my above affidavit are true and correct to my

knowledge and nothing has been concealed therein

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 Deponent

IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION),

GURUGRAM.
Case no _______of 2019

Vipin Kumar Yadav Versus Dayawati And Ors

Application under order 39 Rule 1, 2 and 3 read with Section 151

of the Code of Civil Procedure

AFFIDAVIT

Respectfully Sheweth:

I Vipin Kumar Yadav son of Sh. Vijay Yadav, Village Tikli, Tehsil
and District Gurugram do here by solemnly affirm and declare as
under :
1. That I am fully conversant with the facts and

circumstances of the case and am competent to depose to

this affidavit.

2. That the accompanying application has been drafted under

my instructions and the contents therefore are true and

correct to my knowledge and be read as part of this affidavit

as the same are not being repeated herein for the sake of

brevity.

Deponent

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Verification: Verified on this 13th day of Dec 2019 at Gurgaon

that the contents of the accompanying application and para

No. 1 and 2 of my above affidavit are true and correct to my

knowledge and nothing has been concealed therein

Deponent

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 IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION),
GURUGRAM.
Case no _______of 2019

Vipin Kumar Yadav Versus Dayawati And Ors

Address Form
Sir,

The name of the plaintiff is as under: -

Vipin Kumar Yadav son of Sh. Vijay Yadav, Village Tikli, Tehsil
and District Gurugram

All summons, notices, orders etc. in connection with the above

suit be sent to the address given above. In case of any change

of address, the same shall be communicated you with full

particulars and details.

13th December 2019

Gurugram Applicant /Plaintiff

Through Counsels

Nishant Ahlawat, Nidhi Ahlawat

Advocates

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 IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION), GURUGRAM .
Case no _______of 2019

Vipin Kumar Yadav Versus Dayawati And Ors

KNOW ALL to whom these presents shall come that I Vipin Kumar Yadav son of Sh. Vijay Yadav,
Village Tikli, Tehsil and District Gurugram the above-named plaintiff do hereby appoint. Nishant
Ahlawat PH-1255/08, Nidhi Ahlawat , Advocates
(Hereinafter called the advocate (s) to be my/our Advocate in the above-noted case
authorizes him: -
To act, appear and plead in the above-noted case in this court or in any other court
in which the same may be tried or heard and also in the appellate court including high court
subject to payment of fees separately for each court by me/us.
To sign., file verify and present pleadings, appeals cross-objections or petitions for
executions review, revision, withdrawal, compromise or other petitions or affidavits or other
documents as may be deemed necessary or proper for the persecution of the said case in all
its stages subject to payment of fees for each stage.
To file and take back documents of admit and/or deny the documents of opposite
party.
To withdraw or compromise the said case or submit to arbitration any difference of
disputes that may arise touching or in any manner relating to the said case.
To take execution proceedings.
The deposit, with draw and receive money, cheques, cash and grant receipts thereof
and to do all other acts and things which may be necessary to be done for the progress and
in the course of the prosecution of the said case.
To appoint and instruct any other Legal Practitioner authorizing him to exercise the
power and authority hereby conferred upon the Advocate whenever he may think fit to do
so and to sign. The power of attorney on our behalf.
And I/we undersigned do hereby agree to ratify and confirm all acts done by the
Advocate or his substitute in the matter as my/our own acts, as if done by me/us to all
intents and purposes.
And I/we undertake that I/we or my/our duly authorized agent would appear in
court on all hearings and will inform the Advocate for appearance when the case is called.
And I/we undersigned do hereby agree not to hold the advocate or his substitute
responsible for the result of the said case. The adjournment costs whenever ordered by the
court shall be of the advocate, which he shall receive and retain for himself.
And I/we the undersigned do hereby agree that in the event of the whole or part of
the fee agreed by me/us to be paid to the advocate remaining unpaid, he shall be entitled to
withdraw from the prosecution of the said case until the same is paid up. The fee settled is
only for the above case and above court for a period of three years only I/we hereby agree
that once the fees is paid. I/we will not be entitled for the refund of the same in any
case.The said is valid for a period of three years. IN WITNESS WHERE OF I/we do hereunto
set my/our hand to these presents the contents of which been understood by me/us on this
13th Dec 2019 . Accepted subject to the terms of the fee.
Nishant Ahlawat Client

Advocates Vipin Kumar Yadav

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 IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION), GURUGRAM .
Case no _______of 2019

Vipin Kumar Yadav Versus Dayawati And Ors

Suit ___________/2019____Next Date of Hearing : _____________________

 
Date of Filed by Purpose of filing Number Amount Court Fee
Filing whom of P. affixed
fees

. ADVOCATE FOR THE PLAINTIFF (Sh.NISHANT AHLAWAT)

Vipin Kumar Yadav through Counsel Nishant Ahlawat

FOR ISSUING SUMMONS TO THE DEFENDANTS

RS. 50/-
1

 
Received P. Fee Form Signature
 

Vipin Kumar Yadav Versus Dayawati And Ors

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