IN THE COURT OF LD CIVIL JUDGE, ROHINI DISTRICT

COURTS

Civil Suit No.:_______ of 2019

Ravi …Plaintiff 

Versus

Amarbati & ors. …Defendants 

INDEX

S.N. PARTICULARS PAGES

1. Suit for partition and permanent injunction

alongwith affidavit

2. List of documents with documents

3. List of witnesses

4. Vakalatnama

DELHI Plaintiff

DATED through

Counsel
 IN THE COURT OF LD CIVIL JUDGE, ROHINI DISTRICT

COURTS

Civil Suit No.:_______ of 2019

Ravi …Plaintiff 
Versus

Amarbati & ors. …Defendants 

MEMO OF PARTIES

Ravi S/o Mange Ram,

H.no. 596, Ashiyana Appartment,

First Floor, Neb Sarai, Delhi-110068

Versus

1. Amarbati W/o Late Sh. Mange Ram

H.no. 596, Ashiyana Appartment,

Neb Sarai, Delhi-110068

2. Parveen S/o Late Sh. Mange Ram,

H.no. 596, Ashiyana Appartment,

Neb Sarai, Delhi-110068

3. Vijay …Defendants

Plaintiff

Delhi THROUGH

Dated Counsel
 IN THE COURT OF LD CIVIL JUDGE, ROHINI DISTRICT

COURTS

Civil Suit No.:_______ of 2019

Ravi …Plaintiff 

Versus

Amarbati & ors. …Defendants 

Suit for Partition, Permanent and Mandatory Injunction

restraining the defendant from selling the suit property bearing

No. 96 measuring approx 85 yards situated at Village Sannoth,

Narela, Delhi-110040.

Most Respectfully Showeth:

1. That the defendant no.1 is mother of the plaintiff and defendant

no.2 is brother of the plaintiff and defendant no.3 is maternal uncle

of the plaintiff.

2. That the suit property bearing no. 96, measuring approx 85

yards situated at village Sannoth, Narela, Delhi-110040.

3. That the suit property is ancestral property and possessed by the

plaintiff's predecessor(father) .The plaintiff's predecessor Sh

Mangeram died about ___ years back leaving behind his sons and

his wife as his legal heirs and successors and all the properties of

said Sh Mangeram after his death devolve on them as his heirs and

successors and the plaintiff had undivided 1/3 rd Share in the suit

property.
4. That the plaintiff is working as driver and because of his

employment, he is required to run place to place, and hence the

properties are managed and looked after by the defendants only.

5. That the plaintiff recently came to know from some reliable

sources that defendants are trying to sale out the suit property to

some person. The plaintiff therefore compelled to file this suit for

declaration of plaintiff’s right, title and interest in suit property and

also for permanent injunction restraining the defendants from

selling or transferring or alienating the suit property to any person

in any manner or altering the nature of the suit property

6. That the cause of action for the present suit first arose on when

plaintiff came to know that defendants are trying to sale out the

suit property , when partition was demanded and denied and the

same has since then been arising every day thereafter and hence

the suit filed today is well within limitation.

7. That the plaintiff is permanently residing within the jurisdiction

of this Hon'ble court and all the correspondence from the

defendants were received at his home address is located in the

territory of this Hon'ble 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 respectfully prayed that:

(i) A decree of permanent injunction restraining the defendants from

selling, transferring or alienating the suit property.

(ii) A declaration of plaintiffs' right, title and interest of their share

in the suit property.

(iii) the plaintiff one third share be divided by metes and bounds

and given in his possession.

(iv) the plaintiff be paid his costs from defendants and;

(v) Any other relief or relieves to which the plaintiffs are entitled to

either in law or in equity.

Delhi Plaintiff

Dated Through

Counsel
 IN THE COURT OF LD CIVIL JUDGE, ROHINI DISTRICT
COURTS
Ravi …Plaintiff 

Versus

Amarbati & ors. …Defendants 

AFFIDAVIT

I, Ravi S/o Late Sh. Mangeram, age 35 years R/o H.no. 596,

Ashiyana Appartment, First Floor, Neb Sarai, Delhi-110068 do

hereby solemnly affirm and declare as under:- 

1. That the accompanying plaint has been drafted under my

instructions. For the sake of brevity, the contents of plaint are not

being reproduced hereunder in this affidavit. However, the contents

of the plaint may kindly be read as part and parcel of this affidavit. 

2. That the contents of paras 1 to ______ of the plaint are correct

and true to the best of my knowledge and paras _____ to _____ are

believed to be correct being legal advice given by the counsel. 

3. That I further solemnly affirm and declare that the contents of

this affidavit of mine are correct and true and no part of it is false

and nothing material has been concealed therein. 

Deponent

Verification:

Verified at Delhi on this __ June 2019 that contents of this affidavit

are true and correct to my knowledge and nothing material has
been concealed therefrom.

Deponent
 IN THE COURT OF LD CIVIL JUDGE, ROHINI DISTRICT

COURTS

Civil Suit No.:_______ of 2019

Ravi …Plaintiff 

Versus

Amarbati & ors. …Defendants 

Application under order 39 Rule 1 and 2 of the Civil Procedure

Code for Permanent Prohibitory Injunction and Mandatory

Injunction restraining the defendant from selling out the suit

premises 

MOST RESPECTFULLY SHEWETH:

1. That the applicant/plaintiff has filed a case before this Hon'ble

Court hearing where of will take some time. 

2. That it is apparent from perusal of grounds and documents

attached therewith that the applicant has prima facie a very good

case in his favour and the case is likely to succeeds. The balance of

convenience is in favour of the applicant. The grounds of the case

may be read as part of this application to save the repetition. 

3. That the interest of justice demands that the respondent is

restrained from selling the suit property. In case the respondents

are not restrain then the applicant will suffer irreparable loss and

injury which cannot be compensated in terms of money and filing of

this case will become in fructuous. 

4. It is therefore most respectfully prayed that the respondents be

restrained from selling in the interest of justice. Such other orders

he also passed in favour of the applicant as deemed fit in facts and

circumstances of the case. 

Delhi Applicant 

Dated Through

Counsel
 IN THE COURT OF LD CIVIL JUDGE, ROHINI DISTRICT

COURTS

Civil Suit No.:_______ of 2019

Ravi …Plaintiff 
Versus

Amarbati & ors. …Defendants 

Affidavit in support of application under order 39 Rule 1 and 2 of

the Civil Procedure Code.

I, Ravi S/o Late Sh. Mangeram, age 35 years R/o H.no. 596,

Ashiyana Appartment, First Floor, Neb Sarai, Delhi-110068 , do

hereby solemnly affirm and declare as under:- 

1. That the accompanying application has been drafted under my

instructions. 

2. That the contents of paras 1 to __ are true and correct to the best

of my knowledge. 

3. That I further solemnly affirm and declare that the contents of

this affidavit of mine are correct and true to the best of my

knowledge and no part of it is false and nothing material has been

concealed therewith.  

Deponent

Verification:

Verified at Delhi on this __ June 2019 that contents of this affidavit

are true and correct to my knowledge and nothing material has
been concealed therefrom. 

Deponent