Civil Suit

IN THE COURT OF CIVIL JUDGE (JUNIOR DIVISION)
THANE AT THANE
R.C.S. No. ________ of 2021
Mr. Abdullaha Abbasbhai Zaveri )
Age – Adult, Occupation – Retired )
Residing at – Flat no. 402 & 403, )
Burhani CHS LTD., Near Nazreth Church Rd,)
Bhayander (west), Dist. Thane ) … Plaintiff
V/s.
1. Mr. Siraj Abbasbhai Zaveri )
Age – 75 Years, Occupation - Not Known )
Flat no. 301, Sai Mahal CHS. LTD., )
Opp. Post Office, Bhayander (west), )
Dist. Thane )
2. Mrs. Farida Mustafa Akolawala )
Age – 40 Years, Occupation – Housewife )
Room no. 2, Ground Floor, Mubarak Complex,)

Opp. Secondary School, Uttan Road, )
Bhayander (west), Thane, 401 101 )… Defendants
A SUIT FOR DECLARATION AND
INJUNCTION UNDER SECTION 34 OF
SPECIFIC RELIEF ACT, 1963 ALONG
WITH INJUNCTION UNDER O. 39 RULE
1, 2 OF PROVISION OF CIVIL
PROCEDURE CODE, 1905.
MAY IT PLEASE YOUR HONOUR,
It is most respectfully submitted by the abovenamed Plaintiff
as under –
(1) At the outset, Mrs. Ateka Abbasbhai Zaveri, who was related
to the Plaintiff and the Defendant no. 1 as the mother, and
was an owner of Room No. 12, Bldg. No. 7, Zainab Manzil,
Nr. JJ. Bhendi Bazzar, Mumbai.
(2) The Plaintiff states that, the said room i.e. Room No. 12,
Bldg. No. 7, Zainab Manzil, Nr. JJ. Bhendi Bazzar, Mumbai
was sold by the mother of the Plaintiff prior to 1990. the sale
proceeds/consideration realized from the disposal of the said
room, the mother of the Plaintiff and the Defendant
purchased two flats viz - (1) Flat no. 301, Sai Mahal CHS.
LTD., Opp. Post Office, Bhayander (west), Dist. Thane in
her name & (2) Flat no. 402, Burhani CHS LTD., Near
Nazreth Church Road, Bhayander (west), Dist. Thane in
name of the Defendant No. 1.
(3) The Plaintiff states that at the time of purchasing the said
flats, there was a family mutual understanding that the
Defendant no. 1 and his family member will use, possess,
occupy and enjoy the Flat no. 301, Sai Mahal CHS. LTD.,
Opp. Post Office, Bhayander (west), Dist. Thane and the
Plaintiff and his family members will use, possess, occupy
and enjoy the Flat no. 402, Burhani CHS LTD., Near
Nazreth Church Road, Bhayander (west), Dist. Thane.
(4) The Plaintiff states that the mother of the Plaintiff and the
Defendant no. 1 purchased one flat property i.e. Flat no. 301,
Sai Mahal CHS. LTD., Opp. Post Office, Bhayander (west),
Dist. Thane in her name because she wished to own one
property in her name in her lifetime. She had purchased the
flat property i.e. Flat no. 402, Burhani CHS LTD., Near
Nazreth Church Road, Bhayander (west), Dist. Thane
from sale proceeds/consideration realized from the disposal
of the said room. Therefore, she was actual, real owner of the
said Flat no. 402, Burhani CHS LTD., Near Nazreth
Church Road, Bhayander (west), Dist. Thane [for sake of
brevity and convenience hereinafter referred to as “Suit
Flat”] and she purchased the said flat in name of the
Defendant no. 2 because he was elder son. Therefore, the
Defendant no. 1 is just ostensible owner of the said flat.
(5) The Plaintiff states that during lifetime, the mother of the
Plaintiff and the Defendant no. 1 had expressed her wish to
divide/partition the said flat properties in such manner that
both of her son should get at least one property in his share.
Therefore, as per mutual family arrangement between the
Plaintiff, Defendant and their mother, it was mutually agreed
and decided that the Plaintiff and his family members will
use, possess, occupy and enjoy the Flat no. 402, Burhani
CHS LTD., Near Nazreth Church Road, Bhayander (west),
Dist. Thane and the Defendant no. 1 will use, possess,
Opp. Post Office, Bhayander (west), Dist. Thane. It was
further agreed and decided to divide/partition both flat
properties in equal ratio if any dispute arise between the
Plaintiff and the Defendant no. 1.

(6) The Plaintiff states that at presently the Plaintiff, his wife,
son, daughter-in-law have been residing together at Flat no.
402, Burhani CHS LTD., Near Nazreth Church Road,
Bhayander (west), Dist. Thane prior to 1990. Thereafter, due
to shortage of place, the Plaintiff purchased another flat
property i.e. the Flat no. 403 in same building and combined
the same. At presently, the Plaintiff and his family members
are using, occupying, possessing and enjoying the Flat no.
402 and 403, in Burhani CHS LTD., Near Nazreth Church
Road, Bhayander (west), Dist. Thane
(7) The Plaintiff states that the Plaintiff and his family members
have been in long & settled possession of the said flat prior
to year 1990. Further, the Plaintiff have regularly paid
electricity bill, maintenance bill, property tax prior to year
1990 till date.
(8) The Plaintiff states that it is pertinent to record that, since
20th October 1990, the Plaintiff had incurred the outgoing of
maintenance charges, electricity bills, assessment taxes in as
much as have ration card no. 236802, in the name of the
Plaintiff and his family members in respect of the suit flat.

(9) The Plaintiff states that after death of the mother, the
Plaintiff and the Defendant no. 1 had understanding that the
Nazreth Church Road, Bhayander (west), Dist. Thane and the
Defendant no. 1 will use, possess, occupy and enjoy the Flat
no. 301, Sai Mahal CHS. LTD., Opp. Post Office, Bhayander
(west), Dist. Thane. But, after few years of her death, there
was a dispute arose between the Plaintiff and the Defendant
no. 1 but both of them had mutually sort out their differences
and decided to continue to reside in their respective flats.
(10) The Plaintiff states that suddenly, in month of
September/October 2020, The Plaintiff learnt from his
society i.e. Burhani CHS LTD., that the Defendant no. 1 has
mischievously, fraudulently and behind the back of the
Plaintiff, executed gift deed in favour of the Defendant no. 2
i.e. the married daughter of the Defendant no. 1. The Plaintiff
states the by way of said Gift deed dated 03 rd September
2020 registered with Office of Joint-Registrar Thane – 4
bearing no. TNN-4-4183-2020 dated 03/09/2020, the

Defendant no. 1 transferred his share in the said flat in name
of his daughter i.e. the Defendant no. 1.
(11) The Plaintiff states that he got utter shocked and
surprised with such act of the Defendant no. 1. Therefore, the
Plaintiff approached to the Defendant no. 1 and asked reason
behind transferring the suit flat in name of the Defendant no.
2. But, the Defendant no. 1 was not responding properly. The
Plaintiff states that upon making an enquiry with the society
i.e. Sai Mahal CHS. LTD., he learnt that after death of his
mother, the Defendant no. 1 mischievously, fraudulently on
basis of false information and representation, got shares and
interest of the deceased member i.e. the mother of the
Plaintiff and the Defendant transferred in his name and
obtained membership of the society.
(12) The Plaintiff states that upon receiving copy of Gift
deed dated 03rd September 2020 registered with Office of
Joint-Registrar Thane – 4 bearing no. TNN-4-4183-2020
dated 03/09/2020 executed by the Defendant no. 1 in favour
of the Defendant no. 2, the Plaintiff found that the
Defendants have mislead and provided false information
about their residence to the registrar’s office while getting

the said said gift deed registered and deliberately did not
provide the details of their actual place of residence to get
future benefits.
(13) The Plaintiff states that now, he realised that the
Defendant no. 1 always had an eye on the said flat properties
purchased by his mother i.e. (1) Flat no. 301, Sai Mahal
CHS. LTD., Opp. Post Office, Bhayander (west), Dist.
Thane & (2) Flat no. 402, Burhani CHS LTD., Near Nazreth
Church Road, Bhayander (west), Dist. Thane but during
lifetime of the mother, the Defendant no. 1 did not dare to
usurp the said flat properties purchased by a mother. But,
after the death of a mother, the Defendant no. 1
Plaintiff, transferred the suit flat in name of his daughter in
order to grab the suit flat.
(14) The Plaintiff states that the wife of the Plaintiff is a
Chairman in Burhani CHS LTD When the Defendant no. 2
applied to the society for transfer of membership of the suit
flat, the wife of the Plaintiff got utter shocked and
immediately informed about the same to the Plaintiff. The
Plaintiff informed to other members of the society about their

mutual family arrangement and breach of trust committed by
the Defendant no. 1 in collusion and connivance with the
Defendant no. 2. When the society did not transfer the suit
flat in name of the Defendant no. 2, she applied to the
Deputy Registrar for directing the society for transferring
membership of the suit flat in her name. Upon the said
application, the Deputy registrar passed the order. Thereafter,
on basis of the said order, the other committee members of
the society in collusion and connivance with the Defendants,
transferred the suit flat in name of the Defendant no. 1
without following rules provided under bye-laws and without
consent of the chairman i.e. the wife of the Plaintiff.
(15) The Plaintiff states that the Plaintiff has also send
legal notice to the Defendant no. 1 and the society vide Legal
notice dated 05/10/2020 through M/s. Zaigam & Jamshed
(Advocates) thereby called upon the Defendant to not to deal
with the suit flat inter-alia other properties in any manner
which were purchased from the funds received from the sale
proceeds received by mother from selling property at
Mumbai.
(16) The Plaintiff states that since October 1990, the
Plaintiff along with his family members have been in the
quite, absolute, peaceful and unfettered possession of the suit
flat. But, after the Defendant no. 1 has transferred the suit
flat in name of the Defendant no. 2, some unknown person
with local estate agents/property dealer have been regularly
visiting the suit flat and inspecting it from outside and
sometimes insisting upon to look from inside. Upon making
an enquiry with them, they informed that they have been told
by the Defendants to give suit flat on rent and therefore, they
are visiting the suit flat.
(17) The Plaintiff states that as per mutual family
arrangement between the Plaintiff and the Defendant during
the life time of their mother, the Plaintiff is entitled to use,
possess, occupy and enjoy the Flat no. 402, Burhani CHS
LTD., Near Nazreth Church Road, Bhayander (west), Dist.
Thane. But, now, it appears that the Defendants have been
trying to disturb the quite, absolute, peaceful and unfettered
possession of the Plaintiff over the suit flat and trying to
create third party right and interest and dispossess the
Plaintiff and his family members from the suit flat.

(18) The Plaintiffs state that they have been in lawful &
peaceful possession of the suit flat since last several years.
However, Since last several months, the Defendants have
been constantly threatening to the Plaintiffs and forcibly
trying to dispossess them.
(19) The plaintiff states and submits that in view of the
alarming situation with regard to there has been imminent
danger that plaintiff may be dispossessed from the suit flat
by the defendant, and therefore, it is just and appropriate for
this Hon`ble Court that pending the hearing and final
disposal of the present suit and interim and ad-interim relief
in terms of temporary injunction is granted in favour of the
plaintiff thereby, restraining the defendant their servants,
agents, legal representatives and/or anybody else claiming
through or under his duress from dispossessing the plaintiff
from the suit flat and/or interfering with her possession in
respect thereof or creating third party rights or interest in
respect of the suit flat.
(20) The plaintiff states and submits that a grave harm,
hardship and/or prejudice would be caused the plaintiff if
interim and ad-interim relief as prayed herein is not granted

and in that event, there is every possibility that the suit being
rendered infructuous. However, as against this no harm,
hardship and/or prejudice would be caused to the defendant
if interim and ad-interim relief as prayed herein is granted in
favour of the plaintiff. Even otherwise, the balance of
convenience and equity leans in favour of the plaintiff and as
against the defendant and that being the case, this Hon’ble
Court would be justified in granting interim and ad-interim
relief in favour of the plaintiff.
(21) The plaintiff craves leave of this Hon'ble Court to add,
alter, amend, delete and/or rescind any of the averments
and/or submissions mentioned hereinabove, with the leave of
this Hon'ble Court.
(22) The plaintiff will rely on the documents, a list whereof
is annexed hereto.
(23) The Plaintiff states and submits that the suit premises
is situate at Bhayander (west). Therefore, this court has
jurisdiction to entertain try and decide the said matter.
(24) The Plaintiff states that cause of action for filing the
present suit arose when Gift Deed dated 03 rd September 2020
registered with Office of Joint-Registrar Thane – 4 bearing

no. TNN-4-4183-2020 dated 03/09/2020 executed by the
Defendant no. 1 in favour of the Defendant no. 2 since than
the cause of action is continuing in nature. Therefore, this
suit is filed within period of limitation.
(25) The Plaintiff for the purpose of jurisdiction and court
fees values the suit claim at Rs. _____/- the plaintiff has paid
the court fees of Rs. ______ accordingly. No part of the
claim in the suit is barred by the law of limitation and the
suit filed is in time.
(26) The plaintiff therefore prays as under:-
a) That this Hon’ble Court may be pleased to issue
permanent order of injunction thereby
restraining the defendant, his servants, agents,
legal representatives and/or anybody else
claiming through or under the duress of
defendant from dispossessing the plaintiff from
suit flat i.e. the Flat no. 402, Burhani CHS LTD.,
Near Nazreth Church Road, Bhayander (west),
Dist. Thane.
b) That this Hon’ble Court may be pleased to issue
order of injunction thereby restraining the

defendant, his servants, agents, legal
representatives and/or anybody else claiming
through or under the duress of defendant from
creating third party right or interest in respect of
suit flat i.e. Flat no. 402, Burhani CHS LTD.,
Dist. Thane.
c) That pending the hearing and final disposal, this
Hon’ble Court may be pleased to issue
permanent order of injunction thereby
restraining the defendant, his servants, agents,
legal representatives and/or anybody else
claiming through or under the duress of
defendant from dispossessing the plaintiff from
suit flat i.e. the Flat no. 402, Burhani CHS LTD.,
Dist. Thane.
d) That pending the hearing and final disposal, this
Hon’ble Court may be pleased to issue order of
injunction thereby restraining the defendant, his
servants, agents, legal representatives and/or

anybody else claiming through or under the
duress of defendant from creating third party
right or interest in respect of suit flat i.e. Flat no.
402, Burhani CHS LTD., Near Nazreth Church
Road, Bhayander (west), Dist. Thane.
e) Interim and ad-interim relief in terms of prayer
clause (a) to (d) be granted.
f) Cost of the Plaint be directed to pay to the
Plaintiff;
g) Any other order in the interest of justice be
passed;
Place – Thane
Date - Plaintiff
Advocate for Plaintiff
Verification
I, Mr. Abdullaha Abbasbhai Zaveri, Age - __ years, R/at -
Flat no. 402, Burhani CHS. LTD., Near Nazreth Church Road,
Bhayander (west), Dist. Thane, do hereby state and declare on
solemn affirmation that whatever I have stated hereinabove is true
and correct as per bestof my knowledge and belief.
Place Thane
Date - Plaintiff

THANE
AT
THANE
R.C.S. No. ________ of
2021
Mr. Abdullaha Abbasbhai Zaveri ) … Plaintiff
V/s.
Mr. Siraj Abbasbhai Zaveri & Ors. ) … Defendant
AFFIDAVIT IN SUPPORT
solemn affirmation that –
1) I say that I have filed present suit for Declaration and
Injunction against the Defendant for Declaration and
Injunction.
2) I state that I repeat, reiterate, adopt and confirm all the
averments and prayers mentioned in the Complaint as if the
same is mentioned herein and I do not repeat the same herein
for the sake of brevity.
3) I state that the balance of convenience is clearly in my favour
and the prayers mentioned in the Complaint be made
absolute with costs, else grave harm and prejudice shall be
caused to me, which cannot be compensated in terms of
money.
4) Whatever stated herein above is true and correct to the best
of my knowledge.
Solemnly affirm on __ day of _____ 2021 )
At Thane ) Plaintiff
Verification
and correct as per bestof my knowledge and belief.
Place Thane
Date - Plaintiff
THANE
AT
THANE
R.C.S. No. ________ of
2021
V/s.
MEMO OF ADDRESS
Abdullaha Abbasbhai Zaveri )
R/at - Flat no. 402, Burhani CHS. LTD., )
Near Nazreth Church Road, )
Bhayander (west), Dist. Thane ) … Plaintiff
Place - Thane
Date - Plaintiff

I am / We are not a member of the Welfare Fund. Therefore Stamp
of Rs. 2/- is / are / not affixed herewith. N. B. Strike out which is
not applicable.
Advocate
signature
VAKALATNAMA
THANE
AT
THANE
R.C.S. No. ________ of
2021
V/s.
I, Abdullaha Abbasbhai Zaveri, the abovenamed Plaitniff

hereby appoint, MR. HIREN P. MEHTA, ADVOCATE HIGH
COURT BOMBAY, to act, appear and plead for me/us in the above
matter.
In witness Whereof, We have set and subscribed my hand to
this writing, at Mumbai.
Dated this ___ day of _______ 2021
Accepted -
Signature of Plaintiff
(Abdullaha Abbasbhai Zaveri)
H.PMEHTA & ASSOCIATES

ADV. HIREN MEHTA (I10006)
Registration No. MAH/2635/2013
Office at - Sai Prem Apartment, Shop No. 3,
60 Ft. Road, Bhayandar (West)
Mob. : 7208639060.
Email- mehtahiren4@gmail.com
f) Cost of the Plaint be directed to pay to the Plaintiff;
g) Any other order in the interest of justice be passed;
Place – Thane
Date - Plaintiff
Verification
I, Mr. Abdullaha Abbasbhai Zaveri, Age - __ years, R/at - Flat no.
402, Burhani CHS. LTD., Near Nazreth Church Road, Bhayander

(west), Dist. Thane, do hereby state and declare on solemn
affirmation that whatever I have stated hereinabove is true and
correct as per bestof my knowledge and belief.
Place Thane
Date - Plaintiff
THANE AT THANE
R.C.S. No. ________ of 2021
V/s.
AFFIDAVIT IN SUPPORT OF INTERIM APPLICATION
solemn affirmation that –
1) I say that I have filed present suit for Declaration and
Injunction against the Defendant along with application for
interim relief.
2) I state that I repeat, reiterate, adopt and confirm all the
averments and prayers mentioned in the Complaint as if the
same is mentioned herein and I do not repeat the same herein
for the sake of brevity.
3) I state that the balance of convenience is clearly in my favour
and the prayers mentioned in the Complaint be made
absolute with costs, else grave harm and prejudice shall be
caused to me, which cannot be compensated in terms of
money.
4) Whatever stated herein above is true and correct to the best
of my knowledge.
Solemnly affirm on __ day of _____ 2021 )
At Thane ) Plaintiff

Verification
I, Mr. Abdullaha Abbasbhai Zaveri, Age - __ years, R/at - Flat no.
402, Burhani CHS. LTD., Near Nazreth Church Road, Bhayander
(west), Dist. Thane, do hereby state and declare on solemn
affirmation that whatever I have stated hereinabove is true and
correct as per bestof my knowledge and belief.
Place Thane
Date - Plaintiff
THANE AT THANE
R.C.S. No. ________ of 2021
V/s.
2. Mrs. Farida Mustafa Akolawala )… Defendants

AN APPLICATION FOR INTERIM INJUNCTION UNDER
O. 39 RULE 1, 2 OF PROVISION OF CIVIL PROCEDURE
CODE, 1905.
MAY IT PLEASE YOUR HONOUR,
It is most respectfully submitted by the abovenamed Plaintiff
as under –
(1) At the outset, Mrs. Ateka Abbasbhai Zaveri, who was related
to the Plaintiff and the Defendant no. 1 as the mother, and
was an owner of Room No. 12, BLdg. No. 7, Zainab Manzil,
Nr. JJ. Bhendi Bazzar, Mumbai.
(2) The Plaintiff states that, the said room i.e. Room No. 12,
BLdg. No. 7, Zainab Manzil, Nr. JJ. Bhendi Bazzar, Mumbai
was sold by the mother of the Plaintiff prior to 1990. the sale
proceeds/consideration realized from the disposal of the said
room, the mother of the Plaintiff and the Defendant
purchased two flats viz - (1) Flat no. 301, Sai Mahal CHS.
LTD., Opp. Post Office, Bhayander (west), Dist. Thane in
her name & (2) Flat no. 402, Burhani CHS LTD., Near
Nazreth Church Road, Bhayander (west), Dist. Thane in
name of the Defendant No. 1.

(3) The Plaintiff states that at the time of purchasing the said
flats, there was a family mutual understanding that the
Defendant no. 1 and his family member will use, possess,
Opp. Post Office, Bhayander (west), Dist. Thane and the
Nazreth Church Road, Bhayander (west), Dist. Thane.
(4) The Plaintiff states that the mother of the Plaintiff and the
Defendant no. 1 purchased one flat property i.e. Flat no. 301,
Sai Mahal CHS. LTD., Opp. Post Office, Bhayander (west),
Dist. Thane in her name because she wished to own one
property in her name in her lifetime. She had purchased the
flat property i.e. Flat no. 402, Burhani CHS LTD., Near
Nazreth Church Road, Bhayander (west), Dist. Thane
from sale proceeds/consideration realized from the disposal
of the said room. Therefore, she was actual, real owner of the
said Flat no. 402, Burhani CHS LTD., Near Nazreth
Church Road, Bhayander (west), Dist. Thane [for sake of
brevity and convenience hereinafter referred to as “Suit
Flat”] and she purchased the said flat in name of the

Defendant no. 2 because he was elder son. Therefore, the
Defendant no. 1 is just ostensible owner of the said flat.
(5) The Plaintiff states that during lifetime, the mother of the
Plaintiff and the Defendant no. 1 had expressed her wish to
divide/partition the said flat properties in such manner that
both of her son should get at least one property in his share.
Therefore, as per mutual family arrangement between the
Plaintiff, Defendant and their mother, it was mutually agreed
and decided that the Plaintiff and his family members will
use, possess, occupy and enjoy the Flat no. 402, Burhani
CHS LTD., Near Nazreth Church Road, Bhayander (west),
Dist. Thane and the Defendant no. 1 will use, possess,
Opp. Post Office, Bhayander (west), Dist. Thane. It was
further agreed and decided to divide/partition both flat
properties in equal ratio if any dispute arise between the
Plaintiff and the Defendant no. 1.
(6) The Plaintiff states that at presently the Plaintiff, his wife,
son, daughter-in-law have been residing together at Flat no.
Bhayander (west), Dist. Thane prior to 1990. Thereafter, due

to shortage of place, the Plaintiff purchased another flat
property i.e. the Flat no. 403 in same building and combined
the same. At presently, the Plaintiff and his family members
are using, occupying, possessing and enjoying the Flat no.
402 and 403, in Burhani CHS LTD., Near Nazreth Church
Road, Bhayander (west), Dist. Thane
(7) The Plaintiff states that the Plaintiff and his family members
have been in long & settled possession of the said flat prior
to year 1990. Further, the Plaintiff have regularly paid
electricity bill, maintenance bill, property tax prior to year
1990 till date.
(8) The Plaintiff states that it is pertinent to record that, since
20th October 1990, the Plaintiff had incurred the outgoing of
maintenance charges, electricity bills, assessment taxes in as
much as have ration card no. 236802, in the name of the
Plaintiff and his family members in respect of the suit flat.
(9) The Plaintiff states that after death of the mother, the
Plaintiff and the Defendant no. 1 had understanding that the
Nazreth Church Road, Bhayander (west), Dist. Thane and the

Defendant no. 1 will use, possess, occupy and enjoy the Flat
no. 301, Sai Mahal CHS. LTD., Opp. Post Office, Bhayander
(west), Dist. Thane. But, after few years of her death, there
was a dispute arose between the Plaintiff and the Defendant
no. 1 but both of them had mutually sort out their differences
and decided to continue to reside in their respective flats.
(10) The Plaintiff states that suddenly, in month of
September/October 2020, The Plaintiff learnt from his
society i.e. Burhani CHS LTD., that the Defendant no. 1 has
Plaintiff, executed gift deed in favour of the Defendant no. 2
i.e. the married daughter of the Defendant no. 1. The Plaintiff
states the by way of said Gift deed dated 03 rd September
2020 registered with Office of Joint-Registrar Thane – 4
bearing no. TNN-4-4183-2020 dated 03/09/2020, the
Defendant no. 1 transferred his share in the said flat in name
of his daughter i.e. the Defendant no. 1
(11) The Plaintiff states that he got utter shocked and
surprised with such act of the Defendant no. 1. Therefore, the
Plaintiff approached to the Defendant no. 1 and asked reason
behind transferring the suit flat in name of the Defendant no.

2. But, the Defendant no. 1 was not responding properly. The
Plaintiff states that upon making an enquiry with the society
i.e. Sai Mahal CHS. LTD., he learnt that after death of his
mother, the Defendant no. 1 mischievously, fraudulently on
basis of false information and representation, got shares and
interest of the deceased member i.e. the mother of the
Plaintiff and the Defendant transferred in his name and
obtained membership of the society.
(12) The Plaintiff states that upon receiving copy of Gift
deed dated 03rd September 2020 registered with Office of
Joint-Registrar Thane – 4 bearing no. TNN-4-4183-2020
dated 03/09/2020 executed by the Defendant no. 1 in favour
of the Defendant no. 2, the Plaintiff found that the
Defendants have mislead and provided false information
about their residence to the registrar’s office while getting
the said said gift deed registered and deliberately did not
provide the details of their actual place of residence to get
future benefits.
(13) The Plaintiff states that now, he realised that the
Defendant no. 1 always had an eye on the said flat properties
purchased by his mother i.e. (1) Flat no. 301, Sai Mahal
CHS. LTD., Opp. Post Office, Bhayander (west), Dist.
Thane & (2) Flat no. 402, Burhani CHS LTD., Near Nazreth
Church Road, Bhayander (west), Dist. Thane but during
lifetime of the mother, the Defendant no. 1 did not dare to
usurp the said flat properties purchased by a mother. But,
after the death of a mother, the Defendant no. 1
Plaintiff, transferred the suit flat in name of his daughter in
order to grab the suit flat.
(14) The Plaintiff states that the wife of the Plaintiff is a
Chairman in Burhani CHS LTD When the Defendant no. 2
applied to the society for transfer of membership of the suit
flat, the wife of the Plaintiff got utter shocked and
immediately informed about the same to the Plaintiff. The
Plaintiff informed to other members of the society about their
mutual family arrangement and breach of trust committed by
the Defendant no. 1 in collusion and connivance with the
Defendant no. 2. When the society did not transfer the suit
flat in name of the Defendant no. 2, she applied to the
Deputy Registrar for directing the society for transferring
membership of the suit flat in her name. Upon the said

application, the Deputy registrar passed the order. Thereafter,
on basis of the said order, the other committee members of
the society in collusion and connivance with the Defendants,
transferred the suit flat in name of the Defendant no. 1
without following rules provided under bye-laws and without
consent of the chairman i.e. the wife of the Plaintiff.
(15) The Plaintiff states that the Plaintiff has also send
legal notice to the Defendant no. 1 and the society vide Legal
notice dated 05/10/2020 through M/s. Zaigam & Jamshed
(Advocates) thereby called upon the Defendant to not to deal
with the suit flat inter-alia other properties in any manner
which were purchased from the funds received from the sale
proceeds received by mother from selling property at
Mumbai.
(16) The Plaintiff states that since October 1990, the
Plaintiff along with his family members have been in the
quite, absolute, peaceful and unfettered possession of the suit
flat. But, after the Defendant no. 1 has transferred the suit
flat in name of the Defendant no. 2, some unknown person
with local estate agents/property dealer have been regularly
visiting the suit flat and inspecting it from outside and

sometimes insisting upon to look from inside. Upon making
an enquiry with them, they informed that they have been told
by the Defendants to give suit flat on rent and therefore, they
are visiting the suit flat.
(17) The Plaintiff states that as per mutual family
arrangement between the Plaintiff and the Defendant during
the life time of their mother, the Plaintiff is entitled to use,
possess, occupy and enjoy the Flat no. 402, Burhani CHS
LTD., Near Nazreth Church Road, Bhayander (west), Dist.
Thane. But, now, it appears that the Defendants have been
trying to disturb the quite, absolute, peaceful and unfettered
possession of the Plaintiff over the suit flat and trying to
create third party right and interest and dispossess the
Plaintiff and his family members from the suit flat.
(18) The Plaintiffs state that they have been in lawful &
peaceful possession of the suit flat since last several years.
However, Since last several months, the Defendants have
been constantly threatening to the Plaintiffs and forcibly
trying to dispossess them.
(19) The plaintiff states and submits that in view of the
alarming situation with regard to there has been imminent

danger that plaintiff may be dispossessed from the suit flat
by the defendant, and therefore, it is just and appropriate for
this Hon`ble Court that pending the hearing and final
disposal of the present suit and interim and ad-interim relief
in terms of temporary injunction is granted in favour of the
plaintiff thereby, restraining the defendant their servants,
through or under his duress from dispossessing the plaintiff
from the suit flat and/or interfering with her possession in
respect thereof or creating third party rights or interest in
respect of the suit flat.
(20) The plaintiff states and submits that a grave harm,
hardship and/or prejudice would be caused the plaintiff if
interim and ad-interim relief as prayed herein is not granted
and in that event, there is every possibility that the suit being
rendered infructuous. However, as against this no harm,
hardship and/or prejudice would be caused to the defendant
if interim and ad-interim relief as prayed herein is granted in
favour of the plaintiff. Even otherwise, the balance of
convenience and equity leans in favour of the plaintiff and as
against the defendant and that being the case, this Hon’ble
Court would be justified in granting interim and ad-interim
relief in favour of the plaintiff.
(21) The plaintiff craves leave of this Hon'ble Court to add,
alter, amend, delete and/or rescind any of the averments
and/or submissions mentioned hereinabove, with the leave of
this Hon'ble Court.
(22) The Plaintiff states and submits that the suit premises
is situate at Bhayander (west). Therefore, this court has
jurisdiction to entertain try and decide the said matter.
(23) The Plaintiff states that cause of action for filing the
present suit arose when Gift Deed dated 03 rd September 2020
registered with Office of Joint-Registrar Thane – 4 bearing
no. TNN-4-4183-2020 dated 03/09/2020 executed by the
Defendant no. 1 in favour of the Defendant no. 2 since than
the cause of action is continuing in nature. Therefore, this
suit is filed within period of limitation.
(24) The Plaintiff for the purpose of jurisdiction and court
fees values the suit claim at Rs. _____/- the plaintiff has paid
the court fees of Rs. ______ accordingly. No part of the
claim in the suit is barred by the law of limitation and the
suit filed is in time. The plaintiff therefore prays as under:-

a) That pending the hearing and final disposal, this Hon’ble
Court may be pleased to issue permanent order of
injunction thereby restraining the defendant, his servants,
through or under the duress of defendant from
dispossessing the plaintiff from suit flat i.e. the Flat no.
Bhayander (west), Dist. Thane;
b) That pending the hearing and final disposal, this Hon’ble
Court may be pleased to issue order of injunction thereby
restraining the defendant, his servants, agents, legal
representatives and/or anybody else claiming through or
under the duress of defendant from creating third party
right or interest in respect of suit flat i.e. Flat no. 402,
Burhani CHS LTD., Near Nazreth Church Road,
Bhayander (west), Dist. Thane;
c) Ad-interim relief in respect of prayer (a) and (b) by
granted;
d) Cost of the Plaint be directed to pay to the Plaintiff;
e) Any other order in the interest of justice be passed;
Place – Thane
Date - Plaintiff
Verification
and correct as per best of my knowledge and belief.
Place Thane
Date - Plaintiff
THANE AT THANE
R.C.S. No. ________ of 2021

V/s.
Mrs. Farida Mustafa Akolawala )… Defendants
List of Documents (All documents are Xerox copies)
Sr.No. Documents Exh. Page
No. No.
1. Letter dated 08/01/2008 & A
02/11/2017 issued by Burhani
CHSL to the Plaintiff family
members about residing in suit flat.
2. Copy of Passport issued to the B
Plaintiff and his family members
upon the address of suit flat
3. Copy of Ration Card issued to the C
Plaintiff on address of suit flat
4. Copy of aadhar card issued to the D
Plaintiff and his family members
upon address of suit flat
5. Copy of Municipal Property Tax E

receipts in respect of suit flat
6. Copy of Maintenance bill issued by F
society in respect suit flat
7. Copy of Electricity Bill in respect G
of suit flat
8. Copy of Bank statement regarding H
payment of Maintenance and other
charges in respect of suit flat
9. Copy of Share certificate in respect I
of Flat no. 403 of Burhani CHSL
10 Copy of Gift Deed -dated 03rd J
September 2020 registered with
Office of Joint-Registrar Thane – 4
bearing no. TNN-4-4183-2020
dated 03/09/2020 executed by the
Defendant no. 1 in favour of the
Defendant no. 2
11. Copy of Legal Notice issued to K
Burhani CHSL and the Plaintiff
through Advocate M/s. Zaigam &
Mashed dated 05/10/2020 along

wth Postal receipts
12. Any other documents with
permission of court
Place – Thane
Dtae - Advocate for Plaintiff

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IN THE COURT OF CIVIL JUDGE (JUNIOR DIVISION)

R.C.S. No. ________ of 2021

Mr. Abdullaha Abbasbhai Zaveri )

Age – Adult, Occupation – Retired )

Residing at – Flat no. 402 & 403, )

Burhani CHS LTD., Near Nazreth Church Rd,)

Bhayander (west), Dist. Thane ) … Plaintiff

1. Mr. Siraj Abbasbhai Zaveri )

Age – 75 Years, Occupation - Not Known )

Flat no. 301, Sai Mahal CHS. LTD., )

Opp. Post Office, Bhayander (west), )

2. Mrs. Farida Mustafa Akolawala )

Age – 40 Years, Occupation – Housewife )

Room no. 2, Ground Floor, Mubarak Complex,)

Bhayander (west), Thane, 401 101 )… Defendants

A SUIT FOR DECLARATION AND

INJUNCTION UNDER SECTION 34 OF

SPECIFIC RELIEF ACT, 1963 ALONG

WITH INJUNCTION UNDER O. 39 RULE

PROCEDURE CODE, 1905.

MAY IT PLEASE YOUR HONOUR,

It is most respectfully submitted by the abovenamed Plaintiff

to the Plaintiff and the Defendant no. 1 as the mother, and

was an owner of Room No. 12, Bldg. No. 7, Zainab Manzil,

Nr. JJ. Bhendi Bazzar, Mumbai.

Bldg. No. 7, Zainab Manzil, Nr. JJ. Bhendi Bazzar, Mumbai

proceeds/consideration realized from the disposal of the said

room, the mother of the Plaintiff and the Defendant

Nazreth Church Road, Bhayander (west), Dist. Thane in

name of the Defendant No. 1.

flats, there was a family mutual understanding that the

Defendant no. 1 and his family member will use, possess,

Opp. Post Office, Bhayander (west), Dist. Thane and the

Plaintiff and his family members will use, possess, occupy

Nazreth Church Road, Bhayander (west), Dist. Thane.

Sai Mahal CHS. LTD., Opp. Post Office, Bhayander (west),

Dist. Thane in her name because she wished to own one

property in her name in her lifetime. She had purchased the

Nazreth Church Road, Bhayander (west), Dist. Thane

from sale proceeds/consideration realized from the disposal

Church Road, Bhayander (west), Dist. Thane [for sake of

brevity and convenience hereinafter referred to as “Suit

Flat”] and she purchased the said flat in name of the

Defendant no. 2 because he was elder son. Therefore, the

Defendant no. 1 is just ostensible owner of the said flat.

Plaintiff and the Defendant no. 1 had expressed her wish to

divide/partition the said flat properties in such manner that

Therefore, as per mutual family arrangement between the

Plaintiff, Defendant and their mother, it was mutually agreed

CHS LTD., Near Nazreth Church Road, Bhayander (west),

Dist. Thane and the Defendant no. 1 will use, possess,

Opp. Post Office, Bhayander (west), Dist. Thane. It was

further agreed and decided to divide/partition both flat

properties in equal ratio if any dispute arise between the

Plaintiff and the Defendant no. 1.

son, daughter-in-law have been residing together at Flat no.

402, Burhani CHS LTD., Near Nazreth Church Road,

Bhayander (west), Dist. Thane prior to 1990. Thereafter, due

to shortage of place, the Plaintiff purchased another flat

the same. At presently, the Plaintiff and his family members

are using, occupying, possessing and enjoying the Flat no.

402 and 403, in Burhani CHS LTD., Near Nazreth Church

Road, Bhayander (west), Dist. Thane

to year 1990. Further, the Plaintiff have regularly paid