BEFORE THE HON’BLE CIVIL JUDGE SENIOR DIVISION

NAGPUR
REGULAR CIVIL SUIT NO. _______/2022

PLAINTIFF : 1) Salma Begum W/o. Pyaresaheb Sheikh,

Aged about 57 Yrs.
R/o. House No. 704, Dasara Road, Near Gayatri
Convent, Rahitkar Wadi, Mahal, Nagpur - 09

DEFENDENTS : 1) Abdul Hamid S/o. Abdul Majid Nannumiya,

Aged about 50 Yrs.
R/o. Behind Dr. Mohan Kumar. Opp,. Kapsi
Chowk, Garoba Maidan Ground Bagadganj,
Nagpur – 08

2) Najma Parwine W/o. Asgar Hussain

Aged about 51 Yrs.
R/o. Tohid Nagar, Ayodhya Nagar, Nagpur - 24

3) Shahajan Begum W/o. Abdul Habib Sheikh

Aged about 48 Yrs.
R/o. Plot No. 375, Jabbar Decoration, Wathoda
Road, Hiwari Layout, Bhandewadi, Nagpur - 08
 4) Noorjaha Begum W/o. Salim Khan Pathan,
Aged about 51 yrs.
R/o. House No. 704, Dasara Road, Near Gayatri
Convent, Rahitkar Wadi, Mahal, Nagpur - 09

5) Shaheen Parvin W/o. Mohammad Sadik

Sheikh ,

Aged about 44 Yrs.

R/o. House No. 704, Dasara Road, Near Gayatri
Convent, Rahitkar Wadi, Mahal, Nagpur - 09

6) Anees Quereshi Raees Quershi,

Aged about 50 Yrs.
R/o. Auliya Nagar, Near Firoz Pan Shop,
Sindhiban, Tajbag, Nagpur - 24

SUIT FOR DECLARATION, PARTITION, PERMANENT AND

MANDATORY INJUNCTION

Suit market Valued at Rs. 16,00,000/- ( Share of individual daughter

(plaintiff) having 1/6th according to Law specifically amounting Rs.
2,70,000/- as per rules and Court Fee of Rs 9830+400/-= 10230 /- is paid
herewith)

The Plaintiffs most humbly beg to submit as under :-

1) That the plaintiff are the lawful owners of the property described
below in detail. The plaintiffs had the legal heirs of the suit
property situated Mouza Bidipeth.
2) That the property had been acquired in the name of Abdul Majir
Nannumiya. That the property brought in the name of records in
year of 1968 the Government had benefited the peoples who
injured in the riots in the year of 1968.

SCHEDULE OF PROPERTY

All that property viz. Piece and parcel of land bearing Plot No. 3,
admeasuring 1250 Sq.ft. Mouza – Bidipeth, City Survey No. 39, 40, 41,
Sheet No. 1, P.H.No. 39-A, Tah. & Dist Nagpur within the limits of
Nagpur Improvement Trust, Nagpur and Nagpur Municipal Corporation,
Nagpur and which is bounded as under :

Towards East : Plot No. 37

Towards West : 30 ft. Road

Towards North : Plot No. 4

Towards South : NA

The property hereinabove described is the suit property in respect

of which the instant suit is filed.

3) That in the year of 1968 Government allotted 39 peoples the plots

as per the compensation and in the year of 26/09/1986 the court of
Shri R.A.Gadge in Rev Case No. 3/1N A/22/8485 granted
the bhumiswami rights in the Plot specified situated within
Bidipeth. That the said suit property assign to Abdul Majeed
Nannumiya on payment of Rs. 625/- (Six Hundred Twenty Five
only).

4) That the said property holder namely Abdul Majeed Nannumiya

had 5 daughters namely (1) Salma Begum W/o. Pyaresaheb
Sheikh, (2) Najma Parwine W/o. Asgar Hussain, (3) Shahajan
 Begum W/o. Abdul Habib Sheikh, (4) Noorjaha Begum W/o.
Salim Khan Pathan & (5) Shaheen Parvin W/o. Mohammad Sadik
Sheikh with 1 son Abdul Hamid S/o. Abdul Majid Nannumiya,
respectively that the daughter married in the age of marriage and
settled with their respective husbands, That the son namely Abdul
Hamid Abdul Majid the defendent No. 1 live in the said property
and use of it. That in the month of the ancestral purchase property
which was acquired from the Government had been trying to sell
without prior intimation of daughters respectively plaintiff in the
said suit. That after decease Abdul Majeed Nanumiya having the
classes of 1st heirs so the plaintiff daughter had the share
accordingly 1/6th as per Muslim Inheritance Law. That the
daughter get the share as per property valuation accordingly and
the specific share amounting to be Rs.2,70,000/- Court Fee 9830
+400/- total Rs 10230/-.

5) That the deaceased Abdul Majeed Nanumiya died on

Dt. 01/08/2019 having no written notes or documents about specific
legal heirs. That the suit property equally divided in 6 shares
includes 5 daughter and one son (defendant No.1).

6) That the defendant No. 1 Abdul Hamid Abdul Majid trying to sell
the property to defendant No. 6 Anees Quereshi Raees Quershi
without prior intimation permission or No objection who were the
legal heirs in the said suit property. That the daughters had specific
share in the said suit property according to Muslim Inheritance
Law. That the plaintiff needs the partition and declaration as per
the rules and demanded share by the way of law.

7) That the viewing circumstances court may pleased to consider the

pleadings and declared the plaintiff as a share owner in the suit
 property. That the suit property lies in the Bidipeth and the Court
had Jurisdiction to try the suit, decide the application whatsoever in
the interest of justice.

8) That, the cause of action arose on December month 2021 hence

this instant petition to prevail third party interest in the said
property.

9) That, this Hon’ble Court all the jurisdiction to try and decide the
instant suit. The suit property is situated within the territorial limits
of this Hon’ble Court and the relief prayed by the plaintiffs is not
barred by any special law.

10) That, the plaintiffs have valued the instant Suit market Valued at
Rs. 16,00,000/- ( Share of individual daughter (plaintiff) having
1/6th according to Law specifically amounting Rs. 2,70,000/- as
per rules and Court Fee of Rs 9830+400/- /- is paid herewith the
relief of declaration, partition, permanent and mandatory injunction
at Rs. 2,70,000/- and the Court Fee of Rs. 9830+400/-= 10230/-
are paid herewith. However the plaintiffs undertake to pay the
deficit if any.

11) That, the plaintiffs have filed the documents in support of their
claim and they crave leave to file more documents and to add,
amend or alter the plaint in case if the occasion therefore arises.

Hence this Suit.

PRAYER : It is, therefore, most humbly prayed that this Hon’ble Court
may kindly be pleased to :-

i) Grant decree of permanent injunction, declaration of share,

partition, for restraining the defendant No.2, its officers, agents
or anyone claiming in the suit property (specifically described
 in the para - of the plaint and schedule of property), in any
manner whatsoever;

ii) Grant decree of mandatory injunction, partition against the

defendant No.2 & 6 to clear the charge or encumbrance if any
over the suit property created by them in favour of the
defendant No. 1 or any other financial institution;

iii) Saddle the cost of the present suit on the defendant No. 2.

iv) Grant any other relief which this Hon’ble Court may deem fit
and proper under the facts and circumstances of the case.

(1) Salma Begum W/o. Pyaresaheb Sheikh

NAGPUR

DATE : / /2022 APPLICANTS / PLAINTIFFS

COUNSEL FOR PLAINTIFFS / APPLICANTS

Adv. P.G.Maske
 VERIFICATION

Verified that the contents of above Civil Suit from Paras 1 to 11 are
true and correct to my personal knowledge and belief and the same are
understood in Hindi language and believed by me to be true. Hence,
signed at Nagpur, on this ________th day of January 2022.

_______________________

SOLEMN AFFIRMATION

I, Salma Begum W/o. Pyaresaheb Sheikh Aged 57 Yrs, Occu.

House Wife, R/o. House No. 704, Dasara Road, Near Gayatri Convent,
Rahitkar Wadi, Mahal, Nagpur – 09, the plaintiff No.1 do hereby take
oath and state on solemn affirmation that the contents of above application
from paras 1 to 11 are drafted by my Counsel as per my instructions and
the same are read over and explained to me in vernacular. I say that the
above contents are true and correct to the best of my knowledge and
belief.

DEPONENT

I know & Identify the deponent,

Adv. P.G.Maske
 SCHEDULE OF PROPERTY

All that property viz. Piece and parcel of land bearing Plot No. 3,
admeasuring 1250 Sq.ft. Mouza – Bidipeth, City Survey No. ______
Sheet No. _____ P.H.No. 39-A, Tah. & Dist Nagpur having a house
bearing N.M.C. bearing house No.__________, Ward No. ______ within
the limits of Nagpur Improvement Trust, Nagpur and Nagpur Municipal
Corporation, Nagpur and which is bounded as under :

Towards East :

Towards West :

Towards North :

Towards South :

The property hereinabove described is the suit property in respect

of which the instant suit is filed.

APPLICATION FOR GRANT OF TEMPORARY INJUNCTION

UNDER ORDER 39 RULE, 1 AND 2 OF C.P.C.R./W SECTION 151
OF C.P.C.