BEFORE THE HON’BLE HIGH COURT OF DISTRICT JUDGE, JAMMU

Suneeta Gosani 1. Aklesh Gosani

W/o Lt. Avtar Krishan Gosani
R/o 241 Sector-2 Shivalik Puram,
Janipur, Jammu
V/s S/o Late Avtar Krishan Gosani
2. Neha Gosani
D/o Late Avtar Krishan Gosani
( Both residents of 241 Sector-2
Shivalik Puram, Janipur, Jammu)

In the matter of : Civil Suit for declaration and passing a decree declaring
the plaintiff as owner of the vehicle Eterno Scooter bearing
Registration no. JK02AF/4271 having Engine No.9222164
& Chasis no. MEKF071G78163615 which was owned by
the deceased namely Avtar Krishan Gosani ( Husband) of
plaintiff who expired on 02.12.2010 leaving behind
plaintiff and defendants.
With a consequential relief of permanent prohibitory
injunction restraining the defendants from interfering into
the peaceful possession of the above mentioned vehicle.
Value for the purpose of court fee and jurisdiction
fees is fixed as Rs.130/- .
May it please your honour,
The plaintiff most respectfully submits as under :-
1. That the Husband of the Plaintiff was registered owner of the vehicle
Eterno Scooter bearing Registration no. JK02AF/4271 having Engine
No.9222164 & Chasis no. MEKF071G78163615, the copy of
registration certificate of vehicle is annexed herewith as Annexure-A.
2. That the plaintiff’s husband died on 02.12.2010 leaving behind plaintiff
and defendants,the copy of death certificate of Plaintiff’s husband is
annexed as Annexure “B”.
3. That during the life time the deceased husband of the plaintiff namely
Avtar Krishan Gosani made an oral will on 22.10.2010, that the vehicle
above mentioned shall be inherited by the plaintiff and the plaintiff
shall be the registered owner of the above mentioned vehicle after the
 death of the husband of the plaintiff and this oral will was made on
22.10.2010 in presence of defendants as well as other friends and
relatives of plaintiff and defendants.
4. That after the death of the plaintiffs husband on 02.12.2010 the
defendants are making claim in respect of the above mentioned vehicle.
5. That the cause of action has occurred to the plaintiff on 21.04.2013,
when the defendants started making claim over the above mentioned
vehicle.
6. That the parties are residing within the territorial jurisdiction of this
court and this Hon’ble Court is competent to adjudicate the matter and
pass decree as prayed for.
7. That the cause of action has accrued to the plaintiff within the territorial
jurisdiction of this Hon’ble Court and the Hon’ble Court is competent
to try the present suit.
8. That the value for the purpose of court fees and jurisdiction fixed for
Rs.130/-
An affidavit in support of this suit is annexed herewith.
Prayer
It is, therefore, most humbly prayed that keeping in view of the above
said submissions and in the interest of justice, a decree as prayed for may
kindly be passed in favour of the plaintiff and against the defendants.

Plaintiff
Through counsel

B. Arun Kandroo
(Advocate)
Verification:
Verified today on this 25 th day of April ,2013, that the contents
made above in this plaint are true and correct to the best of my
knowledge and nothing has been concealed therefrom.

Plaintiff
 Affidavit
I Seneeta Gosani Widow of late Avtar Krishan Gosani resident of 241, sector-
2 , Shivalikpuram,Janipur ,jammu do herfeby declare on solemn affirmation
as under :
1. That I am permanent resident of Jammu and Kashmir state and is
presently residing at above mentioned address.
2. That the contents made in the plaint are read over to me and habve been
drafted by my counsel under the instructions given by me.

Deponent
Verification:
Verified today on this 25th day of A
BEFORE THE HON’BLE COURT OF IIIrd ADDITIONAL MUNSIFF, JAMMU

Suneeta Gosani Vs Aklesh Gosani & others

In the matter of : Suit for declaration

And

In the matter of : Written Statement on behalf of defendants.

May it please your honour,

The defendant most respectfully submits as under :-

1. That the contents of para no.1 are admitted as correct

hence not denied.

2. That the contents of para no.2 are admitted as correct.

Hence not denied.

3. That the contents of para no.3 are admitted as correct as

the oral will was made by the plaintiff’s husband namely

Avtar Krishan Gosani on 22.10.2010, that the vehicle

above mentioned shall be inherited by the plaintiff and the

plaintiff shall be the registered owner of the said vehicle

after the death of the husband of the plaintiff and this oral

will was made in presence of defendents as well as other

relatives and friends of plaintiff and defendents.

4. That the contents of para no.4 are admitted as correct.

 5. That the contents of para no.5 are admitted as correct,
hence not denied
6. That the contents of para no.6, 7 & 8 are legal, Hence need
no reply.
7. That the contents of prayer clause is also admitted and it
is respectfully submitted that in case decree as prayed by
the plaintiff is passed, the defendant has no objection.

It is, therefore prayed that decree as prayed for by the

plaintiff if passed, the defendants have no objection.

Defendants
Through counsel

Ramaneesh Sharma
Advocate
Verification:
Verified on this ____ day of june, 2013 that the contents of
this affidavit from paras No.1 to 7 are true and correct the best
of my knowledge and belief and correct as per in information
received from the plaintiff.

Defendants
to the best of my knowledge and nothing has been concealed therefrom.
Deponent