IN THE COURT OF DISTRICT JUDGE, ROHINI DISTRICT COURT, DELHI

CIVIL SUIT NO._____________OF 2021

IN THE MATTER OF:-

Sh. Prakash Kundra PLAINTIFF

VERSUS

Smt. Chandra Bansal DEFENDANT

INDEX

Sr. No. PARTICULARS PAGES

1. Memo of Parties A

2. Suit for the Permanent Injunction 1-3

IN THE COURT OF DISTRICT JUDGE, ROHINI DISTRICT COURT, DELHI

 CIVIL SUIT NO._____________OF 2021

IN THE MATTER OF:-

Sh. Prakash Kundra PLAINTIFF

VERSUS

Smt. Chandra Bansal DEFENDANT

MEMO OF PARTIES

Sh. Prakash Kundra

S/o Sh. Rakesh Kundra

R/o H.No.301, Pitampura New Delhi PLAINTIFF

VERSUS

Smt. Chandra Bansal

W/o Sh. Anirudh Bansal

R/o H.No.299, Pitampura, New Delhi DEFENDANT

New Delhi Plaintiff

Date: 03-05-2021 Through

Counsel

IN THE COURT OF DISTRICT JUDGE, ROHINI DISTRICT COURT, NEW DELHI

 CIVIL SUIT NO._________ OF 2021

IN THE MATTER OF:-

Sh. Prakash Kundra PLAINTIFF

VERSUS

Smt. Chandra Bansal DEFENDANT

SUIT FOR PERMANENT PROHIBITORY INJUNCTION AND MANDATORY

INJUNCTION AND DAMAGES FOR NUISANCE

THE PLAINTIFF SUBMITTED AS UNDER:

1. That the Plaintiff, is the resident of H.No.301, Pitampura, New Delhi and law abiding

citizen of India. The plaintiff has a building of 284 square yard raised on the above land duly

sanctioned by the appropriate authority in Delhi.

2. That the Plaintiff is residing at the above mentioned building for the past 20 years after its

establishment.

3. That the Defendant is a resident of H.No.299, Pitampura, New Delhi besides the plaintiff’s

building. The defendant purchased the adjoining building three years back that is in the year

2019.

4. That the Defendant during the month of January 2020 has started raising further

construction of a wall so tall without leaving any set-backs as prescribed by the law thus

obstructing light, air and sun to the building of the plaintiff besides causing nuisance to the

plaintiff and his family members, thereby depriving the plaintiff of his easementary rights of

light, air and sun, which rights were being enjoyed by the plaintiff and his predecessor-in-

interest from time immemorial peacefully, openly and hostile to the very knowledge of the

defendant or other persons living in the vicinity. The said rights of easementary have now

been infringed by the defendant in the month of January by raising the construction in

haphazard manner.

5. That the Plaintiff has also made several requests to the Defendant not to construct the wall
but the Defendant paid no heed to the requests of this Plaintiff. Plaintiff at last sent a legal

notice vide dated 26/02/2020.

6. That the cause of action for the suit arose on 6/01/2020, the date when the defendant started

the construction of the said wall and thereafter everyday till the filing of the suit. Hence the

suit is well within the period of limitation.

7. That the cause of action arose with in the territorial jurisdiction of this court, hence this

court has each and every jurisdiction to try and entertain this suit.

8. That the value of the suit for the purposes of jurisdiction has been fixed for Rs. ___/- and

for the purposes of declaration and correct and authorised court fee stamp of Rs. __ has been

affixed on the plaint.

9. That no suit has been instituted against the defendants on the same or similar cause of

action in any other court including High Court and Supreme Court of India.

PRAYER

It is therefore most humbly prayed to this Hon,ble Court that

i. That the Hon’ble Court may pleased to restrain the Defendant by an order of

permanent injunction for further constructing the said wall.

ii. That the Hon’ble Court directs the Defendant to demolish the construction of the said

constructed wall.

iii. And pass any other order as it deems fit and suitable in the suitable in the facts and

circumstances in the above case for the advancement of Justice, Equity and Good-

Conscience.

Place: NewDelhi Plaintiff

Dated 03/05/2021 Through

Counsel

VERIFICATION:
In the above names plaintiff do hereby verify that the contents of paras no.1- 9 are true to my

knowledge and the contents of remaining paras are according to legal advice from my

advocate which I believe to be true.

Place: NewDelhi

Dated 03/05/2021 Plaintiff