IN THE HON’BLE COURT OF MS.

SHIVALI BANSAL,
ADJ-03, DISTRICT COURT ROHINI, DELHI

CS / DJ / 888 /2017

In the matter of:

ASHOK KUMAR KAUSHIK …..………PLAINTIFF

VERSUS

LAKHIMI CHAND & ORS. ….…….DEFENDANTS

INDEX

S.NO. PARTICULARS PAGES C.FEE

1. Application on behalf of 2/-

Plaintiff for Condonation of

Delay along with supportive

affidavit.

2. Review Application Under 2/-

Order XLVII Rule 1 read

with Section 114 of the Code

of Civil Procedure and other

Applicable Provisions, If

any, seeking Review of

Final Order/Judgment Dated

10.04.2023 Passed by this

 Hon’ble Court in C.S. NO.

888 OF 2017.

3. List of Documents

4. Application on behalf of the 2/-

Plaintiff under Order VI

Rule 17 read with Section

151 CPC

5. Vakalatnama 2/-

Filed By

PLAINTIFF
THROUGH

NEW DELHI.
DATED:
IN THE HON’BLE COURT OF MS. SHIVALI BANSAL,
ADJ-03, DISTRICT COURT ROHINI, DELHI

CS / DJ / 888 /2017

In the matter of:

ASHOK KUMAR KAUSHIK …..………PLAINTIFF

VERSUS

LAKHIMI CHAND & ORS. ….…….DEFENDANTS

APPLICATION ON BEHALF OF PLAINTIFF FOR

CONDONATION OF DELAY IN FILING OF REVIEW
PETITION

It is most humbly submitted as under: -

1. That due to non-compliance of directions of this Hon’ble

Court of dated 14.03.2022, the Hon’ble court was pleased
to reject the suit of plaintiff for Partition, Permanent and
mandatory Injunctions under order 7 rule 11 CPC on
10.04.2023.

2. That the Plaintiff/Petitioner due to serious prolonged illness,

the petitioner lost the contact with his counsel and
subsequently due to prolonged illness he suffered financial
crunch.

3. That the petitioner came to know about the rejection of his

suit through his relative and after that he applied certified
copies of whole file because previous counsel didn't
cooperate to provide details of case and case file.
 4. That the Plaintiff applied for Certified copies on date
02.05.2023. That the delivery of the certified copies of the
same were prepared on date 17.06.2023.

5. That the Petitioner/ Plaintiff health conditions again

deteriorated and he again underwent various tests recently
on 23.08.2023 and still undergoing treatment and due to
these cumulative reasons, he couldn't prefer review petition
of impugned order dated 10.04.2023 of this Hon’ble court
within stipulated time. Copies of medical treatment of
Plaintiff are herein annexed as Annexure 4 (Colly) along
with review petition.

6. That there is delay of 60 days of filing of Review petition

after the delivery of the Certified copies.

7. That there will be no prejudice caused to the Defendants due

to reasonable cause and unavoidable delay caused in filing
of this Review Petition.

8. That the Plaintiff would suffer a great irreparable loss and

grave injustice if the said delay is not condoned.

PRAYER:

It is therefore, most respectfully prayed that this Hon’ble Court

may graciously be pleased to:

a) condone the delay of 60 days in filing of the Review

Petition by the Plaintiff in the interest of justice,
 b) Pass such other and further order as this Hon’ble Court
may deem fit and proper in the interest of Justice,

Dated: September 2023

Place : Dwarka, Delhi

APPLICANT / PLAINTIFF

Through Counsel:

ANUP SINGH AND SUNDEEP SINGH DANGI

Advocate

Ch. No. 455, Lawyers’ Chamber Block,

District Court Complex, Dwarka sector 10,

Delhi-110075.

VERIFICATION:

Verified at Delhi on this day of September 2023 that the

contents the aforesaid Application are true to my personal
knowledge and the contents including the prayer are based on
advise received and believed to be true.

Dated :

Place : Dwarka, Delhi

Applicant / Petitioner
IN THE HON’BLE COURT OF MS. SHIVALI BANSAL,
ADJ-03, DISTRICT COURT ROHINI, DELHI

CS / DJ / 888 /2017

In the matter of:

ASHOK KUMAR KAUSHIK …..………PLAINTIFF

VERSUS

LAKHIMI CHAND &ORS. ….…….DEFENDANTS

AFFIDAVIT

I, the Deponent, Sh. Ashok Kumar Kaushik, R/o 1227, Sector-5,

R.K. Puram, South West Delhi, New Delhi-110022, is a peace
loving and law abiding citizen of India, do hereby solemnly affirm
and declare as under:-

1) That Deponent is the Applicant / Petitioner in the above

noted Civil Suit and as such fully acquainted with the facts
deposed herewith. Hence, competent to swear this
Affidavit.

2) That the accompanying Application “For Condonation of

delay in filing of the Review Petition” has been drafted by
my Counsel under my instructions. The contents of the same
have been read over to me in Hindi / my vernacular and are
true to my personal knowledge and belief.

3) That the contents mentioned in the Application may be

treated as part & parcel of this Affidavit. The same are not
being repeated herein for the sake of brevity.
 4) That this is my true & correct statement.

Deponent

Verification:

Verified at Delhi on this day of September, 2023. That all the

information stated above are true & correct to the best of my
knowledge & belief and nothing material has been concealed
therefrom.

Deponent
 IN THE HON’BLE COURT OF Ms. SHIVALI BANSAL,

ADJ- 03, ROHINI COURTS, NORTH DISTRICT, DELHI

CS NO. 888/17

In the matter of:

Sh. Ashok Kumar Kaushik

S/o Sh. Lakhimi Chand
R/o 1227, Sector-5, R.K. Puram,
South West Delhi, New Delhi-110022 …. PLAINTIFF

Versus

1. Sh. Lakhimi Chand

S/o Sh. Vishnu Dutt
2. Smt. Bhagwani Devi
w/o Sh. Lakhimi Chand
3. Ved Prakash
S/o Sh. Lakhimi Chand
4. Sat Narayan
S/o Sh. Lakhimi Chand
5. Shiv Kumar
S/o Sh. Lakhimi Chand
(defendants No. 1 to 5)
All Resident of:
H. No. 166.Ghoga, Post Narela, Delhi-110039

6. Smt. Saroj
w/o Sh. Naresh Kumar
R/o Nangal Kalan, Piyu Manihari, Haryana.
7. Smt. Gita w/o Sh. Rajesh Kumar
 R/o Nangal Kalan, Piyu Manihari, Haryana.
8. Smt. Krishna Devi
w/o Sh. Mahavir Prasad
R/o Village Garhi,
Near Sampla,
Distt. Rohtak, Haryana ...
Defendants

REVIEW APPLICATION UNDER ORDER XLVII RULE 1

READ WITH SECTION 114 OF CODE OF CIVIL

PROCEDURE AND OTHER APPLICABLE PROVISIONS,

IF ANY, SEEKING REVIEW OF FINAL ORDER /

JUDGEMENT DATED 10.04.2023 PASSED BY THIS

HON’BLE COURT IN C.S. NO. 888 OF 2017.

Most respectfully Showeth:

1. The Plaintiff is preferring the instant application under order

XLVII rule 1 read with section 114 of Code of Civil Procedure

for seeking review of order/ judgment dated 10.04.2023 passed

by this Hon’ble Court in the above said Civil Suit no. C.S. No.

888 of 2017 titled as “Ashok Kumar Kaushik Versus

Lakhimi Chand & Ors.”. Copy of the Order/ Judgment dated

10.04.2023 is annexed herein as Annexure A-1.

2. That this Hon’ble Court by Order dated 10.04.2023 was

pleased to reject the suit preferred by the plaintiff while

 rejecting the suit under Order VII Rule 11 the suit this Hon’ble

Court has observed-

i. That plaintiff has not mentioned the valuation of suit and

court fee in his suit.

ii. That Hon’ble Court directed the plaintiff vide order dated

14.03.3022 to move application under Order VI rule 17 read

with Section 151 CPC for amendment of plaint.

iii. That the counsel of the plaintiff did not to move an

application under Order VI rule 17 read with Section 151

CPC for amendment of plaint despite ample opportunities

were given to comply the direction of the court.

iv. That on due to non-compliance of directions dated

14.03.2022 of this Hon’ble Court, on 10.04.2023 this

Hon’ble court was pleased to reject the suit under order 7

rule 11 CPC. Copy of order dated 14.03.2022 is annexed

herein as Annexure A-2.

3. That being aggrieved and dissatisfied by the Order dated the

10.04.2023 Petitioner herein has filed this petition on the

following amongst other grounds which are without prejudice

to and in the alternative to one another.

4. That the Petitioner further submits that, had the grounds, set

out herein below, been pointed out to the Hon'ble Court, the
Hon'ble Court would have certainly allowed the Intervention

of the Petitioner.

GROUNDS

a) That the counsel of the plaintiff moved an application dated

09.10.2017 under order XI Rule 12 read with section 151

of CPC to produce title documents of schedule properties

which are in possession of Defendants for proper

adjudication of matter and valuation of suit as well as court

fee. Inadvertently the said application remained undecided

by this Hon’ble court.

b) That the counsel of the Petitioner could not set out the value

of all joint family properties in the absence of title

documents, all the title documents of properties were in the

possession of Defendant/Respondent No.1.

c) That the financial condition of the plaintiff/ Petitioner is

very poor due to continue illness of the plaintiff and as such

petitioner could not contact his counsel for further

proceedings of the suit.

d) Further, it is settled provision of law that the procedures are

handmaiden of justice and Justice deserves not be

disallowed to any party to the proceedings on the basis of

procedure.
7. That the Petitioner states that in light of the aforesaid facts and

circumstances and upon the grounds stated hereinabove, it is

just and reasonable, and it would be in the interest of justice that

the said Order be reviewed.

8. That the Petitioner craves leave to add, amend, alter and/or

delete any of the aforesaid grounds if required.

9. That the Petitioner states that except this no other petition,

appeal, application for review of the said Order is filed or

pending either in this Hon’ble Court or in other Court of India.

10.That the Petitioner submits that the present Review Petition is

filed with a delay of 60 days from receipt of certified copies on

17 Jun 2023. The impugned Order was passed on 10.04.2023

and the Petitioner applied for the same on 02.05.2023 and

received on 17.06.2023. Copy of receipt from copying agency

is herein annexed as Annexure A-3.

11.That the previous counsel did not apprise the facts and even not

shared the file. The Petitioner applied copy of full file through

his present counsel and gathered requisite information and due

to his prolong illness could not file review application in time

and now filing the review petition along with condonation of

delay application. Copies of medical documents are annexed

herein as Annexure A-4 (colly).

12.That the requisite fee for preferring review Petition of Rs. …..

has been paid/ pasted along with review Petition.

13.With due respect it is submitted that in the instant case, if the

impugned order / judgment 10.04.2023 is not set aside by this

Hon’ble Court, it will create undue hardship on the defendant,

without any such hardship on the Plaintiff as well as the same

may give rise to multiplicity of litigations. No Hardship will be

caused to the Plaintiff if the matter is finally decided by

affording appropriate opportunity to the plaintiff.

14.Petitioner/ Plaintiff submits that in the facts and circumstances

of this case the present application deserves to be allowed.

PRAYER

In the premises it is most respectfully prayed that this Hon’ble

Court may graciously be pleased to:

a. Review/ recall order dated 10.04.2023 passed in C.S. no.

888 of 2017.

b. Permit the plaintiff to amend his plaint.

c. Pass such other and further order as this Hon’ble Court may

deem fit and proper in the interest of Justice,

PETITIONER
Verification:

I, the above stated petitioner affirm and state that the

contents of para 1 to 13 are true and correct to the knowledge of
the petitioner and last para is prayer before this Hon’ble Court.

Verified at Delhi on this -------day of September 2023.

PETITIONER
IN THE HON’BLE COURT OF MS. SHIVALI BANSAL,
ADJ-03, DISTRICT COURT ROHINI, DELHI

CS / DJ / 888 /2017

In the matter of:

ASHOK KUMAR KAUSHIK …..………PLAINTIFF

VERSUS

LAKHIMI CHAND &ORS. ….…….DEFENDANTS

AFFIDAVIT

I, the Deponent, Sh. Ashok Kumar Kaushik, R/o 1227, Sector-5,

R.K. Puram, South West Delhi, New Delhi-110022, is a peace
loving and law abiding citizen of India, do hereby solemnly affirm
and declare as under:-

1. That Deponent is the Applicant / Petitioner in the above

noted Civil Suit and as such fully acquainted with the facts
deposed herewith. Hence, competent to swear this
Affidavit.

2. That the accompanying Application “Under Order XLVII

Rule 1 read with Section 114 of Code of Civil Procedure”
has been drafted by my Counsel under my instructions. The
contents of the same have been read over to me in Hindi /
my vernacular and are true to my personal knowledge and
belief.

3. That the contents mentioned in the Application may be

treated as part & parcel of this Affidavit. The same are not
being repeated herein for the sake of brevity.
 4. That this is my true & correct statement.

Deponent

Verification:

Verified at Delhi on this day of September, 2023. That all the

information stated above are true & correct to the best of my
knowledge & belief and nothing material has been concealed
therefrom.

Deponent
IN THE HON’BLE COURT OF MS. SHIVALI BANSAL,
ADJ-03, DISTRICT COURT ROHINI, DELHI

CS / DJ / 888 /2017

In the matter of:

ASHOK KUMAR KAUSHIK …..………PLAINTIFF

VERSUS

LAKHIMI CHAND &ORS. ….…….DEFENDANTS

LIST OF DOCUMENTS

S.NO. PARTICULARS PAGES

1. Copy of the Order/ Judgment dated

10.04.2023 is annexed herein as
Annexure A-1.

2. Copy of order dated 14.03.2022 is annexed

herein as Annexure A-2.

3. Copy of receipt from copying agency is

herein annexed as Annexure A-3.

4. Copies of medical documents are annexed

herein as Annexure A-4 (colly).

FILED BY

PLAINTIFF
THROUGH
NEW DELHI.
DATE:- SEPTEMBER 2023
IN THE HON’BLE COURT OF MS. SHIVALI BANSAL,
ADJ-03, DISTRICT COURT ROHINI, DELHI

CS / DJ / 888 /2017

In the matter of:

ASHOK KUMAR KAUSHIK …..………PLAINTIFF

VERSUS

LAKHIMI CHAND & ORS. ….…….DEFENDANTS

APPLICATION ON BEHALF OF PLAINTIFF UNDER

ORDER VI RULE 17 R/W SECTION 151 CPC

MOST RESPECTFULLY SHOWETH:

1. That the Hon’ble Court in the above noted matter was please
to reject Plaintiff’s “Suit for Partition, Permanent and
Mandatory Injunctions” vide order dated 10.04.2023
under Order VII Rule 11 CPC for not complying the order
dated 14.03.2022 of this Hon’ble Court for preferring
Application Under Order VI Rule 17 CPC.

2. That in the above noted matter, the plaintiff has filed Suit
for Partition, Permanent and Mandatory Injunction stating
that the Plaintiff and all the Defendants are family members.
3. That the counsel of the Petitioner could not set out the value

of all joint family properties in the absence of title

documents, all the title documents of properties were in the

possession of Defendant/Respondent No.1 & 2.

4. That the counsel of the plaintiff moved an application dated

09.10.2017 under order XI Rule 12 read with section 151 of

CPC to produce title documents of schedule properties

which are in possession of Defendants for proper

adjudication of matter and valuation of suit as well as court

fee. Inadvertently the said application remained undecided

by this Hon’ble court

5. That this Hon’ble Court directed the Petitioner to amend the

pleading through its order dated 14.03.2022, as petitioner

did not set out the value of properties and did not pay the

requisite advolerum fee.

6. That the financial condition of the plaintiff/ Petitioner is

very poor due to continue illness of the plaintiff and as such

petitioner could not amend the pleadings in time as directed

by this Hon’ble Court through its order dated 14.03.2022.

7. That the plaintiff wants amend the para no. 4 of the suit as
under:
That defendants no. 1 and 2 are the owner of properties,
bearing No. 166, Ghoga, Post Narela, Delhi-110039 total
five plots, (hereinafter called the suit property).
Details of properties under partition are as under:

S. Property Particulars Area Appx

No

1. Plot No. 166, Ghiga, Post Narela, 80 Sq Yds

Delhi-39

2. One Shop Adjacent to plot No 166, 25 Sq Yds

Ghoga, Post Narela, Delhi-110039

3. Naiwala Makan, Ghoga Post 75 Sq Yds

Narela, Delhi-110039

4. Mahasingh Wala Makan, Ghoga, 40 sq Yds

Post Narela, Delhi -110039

5. Pashu Wala Makan, Ghoga, Post 150 Sq Yds

Narela, Delhi-110039 ( Sh. Mange
ke Sath Wala)

8. That the Plaintiff without prejudice to his rights, wants to

amend the para no. 21 of the suit as under:
“21. That the valuation of the suit for the purpose of
pecuniary jurisdiction for total property admeasuring
309.36 sq. meter is calculated as per latest circle rates and
category of property as Rs. 48,50,000/-. Whereas value of
1/9th share of the petitioner / plaintiff is Rs. 6,06,000/-, on
which fixed court Fee is Rs. 8,298/-, and the valuation for
the purpose of permanent and mandatory injunction is
 fixed for Rs. 130/- each on which sum of Rs. 13/- each is
paid on the plaint.”

9. That the plaintiff/Petitioner has already paid of Rs. 6,248/-

and plaintiff under take to pay balance amount of court fee of
Rs. 2,050/- and also undertake to pay any other fees levied if
directed by this Hon’ble Court

10.That the aforesaid amendments are important and necessary

for just and proper adjudication of the suit.

11.That no prejudice would be caused to the Defendant if the

present application of the Plaintiff is allowed.

12.That the applicant shall suffer irreparable loss and injury

which cannot be compensated in any terms if the present
application is not allowed.

PRAYER
It is therefore, most respectfully prayed that this Hon’ble
Court may kindly be pleased to allow this application and
permit the plaintiff to incorporate the above said
amendments in the suits and amended plaint be taken on
record, in the interest of justice.

Pass any other or further order / relief which this Hon’ble

Court deems fit and proper in the facts and circumstances of
the case, in favor of the Plaintiff and against the Defendant,
in the interest of justice.
Place:

Date:

Applicant / Plaintiff

Through
IN THE HON’BLE COURT OF MS. SHIVALI BANSAL,
ADJ-03, DISTRICT COURT ROHINI, DELHI

CS / DJ / 888 /2017

In the matter of:

ASHOK KUMAR KAUSHIK …..………PLAINTIFF

VERSUS

LAKHIMI CHAND & ORS. ….…….DEFENDANTS

AFFIDAVIT

I, Deponent, Sh. Ashok Kumar Kaushik, R/o 1227, Sector-5, R.K.

Puram, South West Delhi, New Delhi-110022, is a peace loving
and law abiding citizen of India, do hereby solemnly affirm and
declare as under:-

1. That I am the Applicant / Plaintiff in the above application

and am well conversant with the facts and circumstances of
the case, hence competent to depose.
2. That the accompanying Application has been drafted by my
counsel under my instructions and the contents of the same
are read over to me in my vernacular and same are true and
correct to my best of knowledge and belief.
 3. That the contents of the accompanying application may
kindly be read as part and parcel of this affidavit as the same
are not repeated herein for the sake of brevity.

Deponent

VERIFICATION

Verified at New Delhi on this day of ..., 2023 that the contents
of the above affidavit are true and correct to my knowledge and
belief.

Deponent
IN THE HON’BLE COURT OF MS. SHIVALI BANSAL,
ADJ-03, DISTRICT COURT ROHINI, DELHI

CS / DJ / 888 /2017

In the matter of:

ASHOK KUMAR KAUSHIK …..………PLAINTIFF

VERSUS

LAKHIMI CHAND & ORS. ….…….DEFENDANTS

AMENDED PLAINT

SUIT FOR SUIT FOR PARTITION, PERMANENT AND

MANDATORY INJUNCTION

Most Respectfully showeth:

1. That the plaintiff is a Govt. Servant, law abiding citizen of

India and residing at the aforesaid address.
2. That the plaintiff is the real son of Sh. Lakhimi Chand
(defendant no.1) and Smt. Bhagwani Devi W/o Sh. Lakhimi
Chand (defendant no. 2).
3. That the defendant no. 3-5 are brothers and 6-8 the sisters
of the plaintiff.
4. That defendants no. 1 and 2 are the owner of properties,
bearing No. 166, Ghoga, Post Narela, Delhi-110039 total
five plots, (hereinafter called the suit property).
 4 (i) That defendants no. 1 and 2 are the owner of properties,
bearing No. 166, Ghoga, Post Narela, Delhi-110039 total
five plots, (hereinafter called the suit property)

Details of properties under partition are as under:

S. No Property Particulars Area Appx

1. Plot No. 166, Ghiga, Post 80 Sq Yds

Narela, Delhi-39

2. One Shop Adjacent to plot q Yds

No 166, Ghoga, Post Narela,
Delhi-110039

3. Naiwala Makan, Ghoga 75 Sq Yds

Post Narela, Delhi-110039

Mahasingh Wala Makan, 40 sq Yds

Ghoga, Post Narela, Delhi -
110039

Pashu Wala Makan, Ghoga, 150 Yds

Post Narela, Delhi-110039 (
Sh. Mange ke Sath Wala)

5. That the original title deed of the said property(s) is in the

possession of defendant no. 1 and 2.
6. That at the time of construction of the above said property
(s) the plaintiff have spent a huge amount from his savings
as well as borrowed money, from his friends to construction
the above said property(s) in the year 1993 and also spent
money to open a stationer shop in the said property (s). The
plaintiff spent around Rs.4,00,000/- to construct the said
property (S) and shop.
7. That the defendants no. 3 to 8 have not given a single penny
for the construct the said property (s) as well as for the
stationery shop.
8. That all the family members are residing happily in the said
property(s).
9. That thereafter, all the defendants have thrown out the
plaintiff from the suit property in a planned manner.
10.That the plaintiff requested the all defendants but they did
not listen the requested of the plaintiff.
11.That now all the defendants intentional or deliberately
grabbing the share of plaintiff.
12.That thereafter, the plaintiff sent a Legal Notice to the
defendants, but all the defendants did not give his share nor
replies the Legal Notice.
13.That the plaintiff is entitled to 1/8 share in each of the suit
properties and is in the joint possession of the suit properties
along with the defendants /co-sharers.
14.That the suit properties are the self-acquired/ancestral
properties of the father and grandfather of the plaintiff of
which they were the absolute owners.
15.That the title documents of the suit property (s) are in
possession of the defendant no. 1 and 2.
16.That recently the defendants have threatened that he will
alienate the suit property (s) without the permission of the
plaintiff and other co-sharers. Hence the suit.
17.That the threatened actions of the defendant are illegal,
unwarranted and arbitrary.
18.That the cause of action firstly arose on the dates when the
suit property is constructed, the cause of action further arose
when the plaintiff spent a huge amount of Rs.4,00,000/- to
 construct the suit property(s) as well as stationary shop on
the said property. The cause of action further arose when the
defendants thrown out the plaintiff from the suit property.
The cause of action still continued.
19.That the plaintiff has no other equal and efficacious remedy
to protect the rights in the suit property (s).
20.That the suit property(s) are situated within the territorial
jurisdiction of this Hon'ble Court. Hence, this court has
jurisdiction to try and entertain the present suit.
21.That the valuation of the suit for the purpose of pecuniary
jurisdiction is fixed Rs. 6,06,000/-, on which fixed court Fee
of Rs. 8,298/- for the relief of partition and the valuation for
the purpose of permanent and mandatory injunction is fixed
for Rs. 130/- each on which sum of Rs. 13/- each is paid on
the plaint.
22.That the Plaintiff without prejudice to his rights, wants to
amend the para no. 21 of the suit as under:

“21 (i) That the valuation of the suit for the purpose of
pecuniary jurisdiction for total property admeasuring
309.36 sq. meter is calculated as per latest circle rates and
category of property as Rs. 48,50,000/-. Whereas value of
1/9th share of the petitioner / plaintiff is Rs. 6,06,000/-, on
which fixed court Fee is Rs. 8,298/-, and the valuation for
the purpose of permanent and mandatory injunction is
fixed for Rs. 130/- each on which sum of Rs. 13/- each is
paid on the plaint.”
 PRAYER

Therefore, respectfully prayed that this Hon'ble Court may kindly

be pleased to pass a judgment and pre-decree in favour of the
plaintiff and against the defendants: -

a) Directing the division of the plaint schedule properties into 4

equal shares by taking into good and bad qualities of the same and
allot one such share to the plaintiff and to put her in separate of the
same failing

which enable the plaintiff to get a final decree in terms of the

preliminary decree;

b) Pass a decree for permanent injunction in favour of the plaintiff

and against the defendants restraining them from alienating the
suit properties in any mode or manner without the permission of
the plaintiff;

c) Pass a decree of mandatory injunction directing the defendant

no. 1 and defendant no. 3 to deposit the rent collected by them in
this Hon'ble Court for further distribution among the plaintiff and
the defendants from the date of filing of the suit;

d) Cost of the suit may also be awarded in favour of the plaintiff;

Pass such other order orders as the Hon'ble Court may deem fit
and proper in the circumstances of the case, in the interest of
justice.

PLAINTIFF

DATE:

NEW DELHI

THROUGH

VERIFICATION:

Verified at New Delhi on this …… day of September, 2023 that

the contents of para no. 1 to 22 of the plaint are true and correct to
my knowledge and those of para no. to are true on the basis on the
information received and belief to be true, last para is prayer to this
Hon'ble Court.

PLAINTIFF
IN THE HON’BLE COURT OF MS. SHIVALI BANSAL,
ADJ-03, DISTRICT COURT ROHINI, DELHI

CS / DJ / 888 /2017

In the matter of:

ASHOK KUMAR KAUSHIK …..………PLAINTIFF

VERSUS

LAKHIMI CHAND & ORS. ….…….DEFENDANTS

AFFIDAVIT

I, Deponent, Sh. Ashok Kumar Kaushik, R/o 1227, Sector-5, R.K.

Puram, South West Delhi, New Delhi-110022, is a peace loving
and law abiding citizen of India, do hereby solemnly affirm and
declare as under:-

1. That I am the Applicant / Plaintiff in the above application

and am well conversant with the facts and circumstances of
the case, hence competent to depose.
2. That the accompanying Application has been drafted by my
counsel under my instructions and the contents of the same
are read over to me in my vernacular and same are true and
correct to my best of knowledge and belief.
3. That the contents of the accompanying application may
kindly be read as part and parcel of this affidavit as the same
are not repeated herein for the sake of brevity.

Deponent
VERIFICATION

Verified at New Delhi on this day of ..., 2023 that the contents
of the above affidavit are true and correct to my knowledge and
belief.

Deponent