IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE: DISTRICT

NORTH WEST: ROHINI COURTS COMPLEX: DELHI

(C.S. NO.__________ OF 2023)

IN THE MATTER OF:

SURABHI MISRA ....PLAINTIFF

VERSUS

C.L BAROLIA ....DEFENDANT

INDEX
S.NO PARTICULARS PAGE
1. COURT FEES
2. MEMO OF PARTIES
3. SUIT FOR MANDATORY INJUNCTION ALONGWITH
AFFIDAVIT
4. APPLICATION BY AND ON BHELAF OF PLAINTIFF
UNDER ORDER XXXIX RULE 1 AND 2 AND SECTION 151
OF THE CIVIL PROCEDURE CODE FOR GRANT EX-
PARTE AD-INTERIM INJUNCTION

5. ADDRESS FORM
6. LIST OF DOCUMENTS ALONGWITH DOCUMENTS
7. VAKALATNAMA
8. ADDITIONAL COPY OF PLAINT

DATED: PLAINTIFF
PLACE: DELHI THROUGH

PRASHANT SHARMA & VARUN KR. JAIN

(Advocate)
Inde Legal Services
Off: 335 Wing A, Vardhman Grand Plaza,
Manglam Place, Rohini, Delhi
Chamber:568 W.W., Tis Hazari , Delhi-54
Ph: 9818802329
 IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE: DISTRICT
NORTH WEST: ROHINI COURTS COMPLEX: DELHI
(C.S. NO.__________ OF 2023)

IN THE MATTER OF:

SURABHI MISRA ....PLAINTIFF

VERSUS

C.L BAROLIA ....DEFENDANT

COURT FEES

DATED: PLAINTIFF
PLACE: DELHI THROUGH

PRASHANT SHARMA & VARUN KR. JAIN

(Advocate)
Inde Legal Services
Off: 335 Wing A, Vardhman Grand Plaza,
Manglam Place, Rohini, Delhi
Chamber:568 W.W., Tis Hazari , Delhi-54
Ph: 9818802329Ph: 9818802329
 IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE: DISTRICT
NORTH WEST: ROHINI COURTS COMPLEX: DELHI
(C.S. NO.__________ OF 2023)

IN THE MATTER OF:

SURABHI MISRA ....PLAINTIFF

VERSUS

C.L BAROLIA ....DEFENDANT

MEMO OF PARTIES

SURABHI MISRA
S/O SAMIR MISHRA
R/O 401, SUPRIYA APARTMENT PLOT NO. 20
SECTOR 10 DWARKA, NEW DELHI ……PLAINTIFF

VERSUS
C.L BAROLIA
S/O SH. HERA LAL BAROLIA
R/O D/150, SECTOR 11
ROHINI, DELHI 110 085 ……DEFENDANT

SUIT FOR MANDATORY INJUNCTION

DATED: PLAINTIFF
PLACE: DELHI THROUGH

PRASHANT SHARMA & VARUN KR. JAIN

(Advocate)
Inde Legal Services
Off: 335 Wing A, Vardhman Grand Plaza,
Manglam Place, Rohini, Delhi
Chamber:568 W.W., Tis Hazari , Delhi-54
Ph: 9818802329
 IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE, DISTRICT
SOUTH WEST, DWARKA COURTS COMPLEX, DELHI

(C.S. NO.__________ OF 2023)

IN THE MATTER OF:

SURABHI MISRA ....PLAINTIFF

VERSUS

C.L BAROLIA ....DEFENDANT

SUIT FOR MANDATORY INJUNCTION

MOST RESPECTFULLY SHOWETH

1. That the Plaintiff is a Law a Law abiding and peace loving citizen of
India and bearing a goof reputation in the society and is residing at the
address mentioned hereinabove.

2. That the Plaintiff had purchased a car Maruti Dezire LXI Registration No.
HR26DN3774 with her hard earned money from Rana Motors Pvt. Ltd.
Gurgaon and also took a loan of Rs. 4,50,000/-/ for the same which is
being repaid by the plaintiff.

3. That the Plaintiff and the Defendant share a friendly and cordial
relationship with one another would often borrow the Plaintiff’s car for
his personal affairs.

4. That the Defendant requested to the Plaintiff to give her car and trusting
upon the previous relations between the Plaintiff and Defendant, the
Plaintiff entrusted her car to the Defendant.
5. That the Plaintiff was shocked and amazed to see that the defendant did
not return the Plaintiff’s car and has further refused to return the same
even after multiple requests.

6. That the Plaintiff and her husband made several calls and requests to the
Defendant to return the car, but the Defendant on one pretext or another
refused the demands.

7. That the Defendant has cut off all the connections with the Plaintiff and
the defendant has even refused to entertain calls from the Plaintiff and her
husband.

8. That the defendant has not returned the Plaintiff’s property/car since the
last 2.5 years and the defendant, hence shown no willingness to return the
same despite demands.

9. That the Plaintiff has made several requests to the Defendant to return the
car but all these requests have fallen on deaf ears and have been in vain.

10.That the Plaintiff sent a legal notice dated 19.04.2023 to the Defendant
demanding the return of the Plaintiff’s car but the defendant failed to
reply and comply with the said notice within the time period as
mentioned in the legal notice.

11.That these above revelations unequivocally and ubiquitously establish

that the defendant has purposely avoided the Plaintiff and did not give the
Plaintiff’s property/car to her and this clearly depicts the intent of the
defendant to cheat and dupe the plaintiff’s property/car.

12.That the cause of action to file the present suit arose when the Defendant
took the Plaintiff’s car and did not return the same back to the plaintiff.
 That the cause of action also arose when the Defendant refused to return
the car even after multiple requests from the Plaintiff and her husband.
That the cause of action also arose when the Plaintiff sent the legal notice
dated 19.04.2023 which was duly served upon the Defendant.

13.That the present suit has been filed before this Hon’ble Court within the
limitation period.

14. That the Defendant is residing at D-1/150, Sector 11, Rohini, Delhi 110
085 which lies within the jurisdiction limits of the territorial jurisdiction
of this Hon’ble Court. That the Plaintiff’s car is in the possession of the
Defendant and is being kept at the Defendant’s residence which falls in
the jurisdiction of this Hon’ble Court. Therefore, this Hon’ble Court
possesses the territorial jurisdiction to entertain and try the present suit.
Furthermore, as demonstrated above the cause of action in the suit
brought forth has repeatedly arisen in New Delhi.

15.That the Plaintiff shall suffer irreparable loss of money if the reliefs in the
present Civil Suit are not allowed.

16.That the Plaintiff has not filed a similar civil suit before this Hon’ble
Court or any other Court.
17.That the present Civil Suit is maintainable in the eyes of the law.

18.That the suit is valued at Rs. 13/- for the relief of mandatory injunction
and appropriate court fees is affixed on the plaint.
 PRAYER

It is, therefore, most respectfully prayed before this Hon’ble Court to be

pleased to:

(i) Pass a decree of Mandatory injunction in favour of the Plaintiff and

against the Defendant thereby directing the defendant to return the
possession of the Maruti Dezire LXI car bearing registration no.
HR26DN3774 belonging to the Plaintiff;

(ii) Award the costs of the present suit in favour of the Plaintiff and
against the Defendant;

(iii) Pass any other/further orders may kindly be passed in favour of the
plaintiff and against the defendant as this Hon’ble Court may deem fit
and proper in the facts and circumstances of the case.

DATED: PLAINTIFF
PLACE: DELHI THROUGH

PRASHANT SHARMA & VARUN KR. JAIN

(Advocate)
Inde Legal Services
Off: 335 Wing A, Vardhman Grand Plaza,
Manglam Place, Rohini, Delhi
Chamber:568 W.W., Tis Hazari , Delhi-54
Ph: 9818802329
VERIFICATION:

Verified at Delhi on this day of September, 2023 that the contents of the
above affidavit are true and correct to the best of my knowledge and nothing
material has been concealed therefrom.

PLAINTIFF
 IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE: DISTRICT
NORTH WEST: ROHINI COURTS COMPLEX: DELHI
(C.S. NO.__________ OF 2023)

IN THE MATTER OF:

SURABHI MISRA ....PLAINTIFF

VERSUS

C.L BAROLIA ....DEFENDANT

AFFIDAVIT

I, Surabhi Misra W/o Samir Mishra R/o 401, Supriya Apartment Plot No.
20, Sector 10 Dwarka, New Delhi do hereby solemnly affirm and declare as
under:
1. That I am the plaintiff in the aforesaid civil suit and well conversant with
the facts of the case and am competent to swear this affidavit.
2. That the contents of accompanying suit for mandatory injunction are true
1and correct to the best of my knowledge and the same has been drafted
by my counsel under my instructions and the contents of the same are
explained to me in vernacular which are true and correct.
3. That I say that the contents of this suit 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 day of , 2023 that the contents of the
above affidavit are true and correct. No part of it is false and nothing
material has been concealed therefrom.

DEPONENT
 IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE: DISTRICT
NORTH WEST: ROHINI COURTS COMPLEX: DELHI
(C.S. NO.__________ OF 2023)

IN THE MATTER OF:

SURABHI MISRA ....PLAINTIFF

VERSUS

C.L BAROLIA ....DEFENDANT

APPLICATION BY AND ON BHELAF OF PLAINTIFF UNDER ORDER

XXXIX RULE 1 AND 2 AND SECTION 151 OF THE CIVIL
PROCEDURE CODE FOR GRANT EX-PARTE AD-INTERIM
INJUNCTION

MOST RESPECTFULLY SHOWETH:

1. That the plaintiff has filed the accompanying suit for mandatory
injunction against the defendant and the same is pending for adjudication
before this Hon’ble Court.

2. That the contents of present plaint may be read as part and parcel of this
application and the same are not repeated here for the sake of brevity.

3. That the plaintiff has got a very strong prima facie case in her favour and
the case is likely to be decided in her favour.

4. That the balance of convenience also lies in favour of plaintiff and against
the defendant.

5. That the plaintiff will suffer an irreparable loss if the ad-interim ex-parte
injunction is not granted to them, which cannot be compensated in terms
of money value.
 6. That in case an ad-interim ex-parte injunction is not granted in favour of
the plaintiff and against the defendant, the plaintiff will suffer an
irreparable loss which cannot be compensated in terms of money.

PRAYER

That in view of the facts and circumstances narrated above, it is,

most respectfully, prayed before this Hon’ble Court to be pleased to:

i. Grant ad interim ex parte injunction in favour of the plaintiff and

against the defendant thereby restraining the defendant and his agents,
associates, assignees, relatives etc. from from selling, transferring,
alienating the property in question or creating any third party interest
in the suit property i.e. Maruti Dezire LXI car bearing registration no.
HR26DN3774 till the final disposal of the suit;

ii. Pass any such other or further orders as may deem fit and proper in the
facts and circumstances of the case and in interest of justice.

DATED: PLAINTIFF
PLACE: DELHI THROUGH

PRASHANT SHARMA & VARUN KR. JAIN

(Advocate)
Inde Legal Services
Off: 335 Wing A, Vardhman Grand Plaza,
Manglam Place, Rohini, Delhi
Chamber:568 W.W., Tis Hazari , Delhi-54
Ph: 9818802329
VERIFICATION:

Verified at Delhi on this day of September, 2023 that the contents of the
above affidavit are true and correct to the best of my knowledge and nothing
material has been concealed therefrom.

PLAINTIFF
 IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE: DISTRICT
NORTH WEST: ROHINI COURTS COMPLEX: DELHI
(C.S. NO.__________ OF 2023)

IN THE MATTER OF:

SURABHI MISRA ....PLAINTIFF

VERSUS

C.L BAROLIA ....DEFENDANT

AFFIDAVIT

I, Surabhi Misra W/o Samir Mishra R/o 401, Supriya Apartment Plot No.
20, Sector 10 Dwarka, New Delhi do hereby solemnly affirm and declare as
under:
1. That I am the plaintiff in the aforesaid civil suit and well conversant with
the facts of the case and am competent to swear this affidavit.’
2. That the contents of the accompanying Application U/o 39 Rule 1 & 2
R/w Section 151 C.P.C., have been drafted by my counsel as per my
instructions and the contents of the same have been read over and explain
to me in vernacular and understood by me and after fully understanding
the contents of the same. I hereby state that the facts stated therein are all
true and correct to my knowledge and the same may kindly be read, as
part and parcel of this affidavit and the same has not been repeated herein
for the sake of brevity.
3. That this is my true and correct statement.

DEPONENT
VERIFICATION

Verified at Delhi on this day of September 2023, that the

contents of my above affidavit are true and correct to my knowledge and
belief. No part of it is false and nothing has been concealed therefrom.

DEPONENT