Injunction

IN THE COURT OF DISTRICT JUDGE, CENTRAL DISTRICT, TIS HAZARI
COURT, DELHI
C.S.D.J. No. _____ of 2021
In the matter of:
Ms. Nadeera @ Santosh ….. Plaintiff
v.
Ms. Sheela Devi & 16 Ors. ….. Defendants
INDEX
S.No. Particulars Court Fees Pages

1. Urgent Application Rs.1/25p
2. Memo of Parties
3. Court Fees Stamp
4. Suit for Partition along with supporting affidavit Rs.33/-
5. Application U / O.XXXIX R.1&2 with supporting affidavit Rs.1/25p
6. List of Documents alongwith Documents
7. Vakalatnama Rs.1/25p
8. Duplicate Copy of Plaint
Delhi Plaintiff
Dated 09.07.2021
Through Counsel
Anant Kumar Hajelay

(Enrl. No. D/1369/2013)
D.L.S.A. Counsel
Chamber No. 735-G, Western Wing,
Tis Hazari Courts, Delhi - 110054
Ph: 9910985431
Email: ananthajelay@gmail.com
DLSA Aided Case

COURT, DELHI
C.S.D.J. No. _____ of 2021
In the matter of:
v.
URGENT APPLICATION
Most Respectfully Showeth:
Kindly treat the accompanying suit as an urgent one as per rules. The grounds of urgency are
as under:-
That the plaintiff has prayed for ad-interim relief/restraint order against the defendants from
creating third party interest or alienating the suit properties as it would cause irreparable loss
to the plaintiff.
It is prayed accordingly.
Delhi Plaintiff
Dated 09.07.2021
Through
Counsel
DLSA Aided Case

COURT, DELHI
C.S.D.J. No. _____ of 2021
In the matter of:

v.
MEMO OF PARTIES
Ms. Nadeera @ Santosh

W/o Late Mr. Mohammad Hussain,
R/o A-224, V.P. Singh Camp Railway Colony,
Tughlakabad, Jaitpur, Delhi – 110044 ….. Plaintiff
v.
1. Ms. Sheela Devi
W/o Late Mr. Om Prakash,
R/o 353-354, Pyare Lal Road, Bapa Nagar,
Karol Bagh, New Delhi – 110005 ….. Defendant No. 1
2. Mr. Chandrashekhar
S/o Late Mr. Om Prakash,
3. Ms. Anil @ Anjali

D/o Late Mr. Om Prakash,
4. Ms. Rakhi
DLSA Aided Case

5. Ms. Hema
6. Ms. Bharpai
7. Ms. Deepa
8. Ms. Kamla
W/o Mr. Kishori Lal
R/o 48/53, Gali No. 6, Nai Basti,
Anand Parbat, New Delhi - 110005 ….. Defendant No. 8
9. Mr. Mohan Lal

S/o Late Mr. Shiv Nath,
10. Ms. Goojari @ Nirmala Devi

W/o Late Mr. Amar Singh
11. Mr. Vipin

S/o Late Mr. Amar Singh,
DLSA Aided Case
12. Mr. Bharat
13. Mr. Govinda

14. Ms. Shakuntala

W/o Mr. Om Prakash
R/o AB-229, Amar Puri, Ram Nagar, Tel Mill Gali,
Paharganj, New Delhi – 110055 ….. Defendant No.14
15. Mr. Ghanshyam

S/o Late Mr. Shiv Nath
16. Ms. Urmila Singh

W/o Mr. Mahender Singh,
R/o 194, 3rd Floor, Street No. 8, Than Singh Nagar,
Anand Parbat, New Delhi – 110005 ….. Defendant No.16
17. Ms. Koshal Devi

W/o Mr. Ram Babu,
R/o 2398, Gali Munde Wali, Sadar Bazaar, Delhi – 110006 ….. Defendant No.17
Delhi Plaintiff
Dated 09.07.2021
Through
Counsel
DLSA Aided Case

COURT, DELHI
C.S.D.J. No. _____ of 2021
In the matter of:
v.
COURT FEES STAMP
Delhi Plaintiff
Dated 09.07.2021
Through
Counsel
DLSA Aided Case

COURT, DELHI
C.S.D.J. No. _____ of 2021
In the matter of:
Ms. Nadeera @ Santosh

W/o Late Mr. Mohammad Hussain,
R/o A-224, V.P. Singh Camp Railway Colony,
Tughlakabad, Jaitpur, Delhi – 110044 ….. Plaintiff
v.
1. Ms. Sheela Devi
W/o Late Mr. Om Prakash,
2. Mr. Chandrashekhar
S/o Late Mr. Om Prakash,
3. Ms. Anil @ Anjali

4. Ms. Rakhi
5. Ms. Hema
DLSA Aided Case

6. Ms. Bharpai
7. Ms. Deepa
8. Ms. Kamla
W/o Mr. Kishori Lal
R/o 48/53, Gali No. 6, Nai Basti,
Anand Parbat, New Delhi - 110005 ….. Defendant No. 8
9. Mr. Mohan Lal

S/o Late Mr. Shiv Nath,
10. Ms. Goojari @ Nirmala Devi

W/o Late Mr. Amar Singh
11. Mr. Vipin

12. Mr. Bharat

DLSA Aided Case
13. Mr. Govinda
14. Ms. Shakuntala

W/o Mr. Om Prakash
R/o AB-229, Amar Puri, Ram Nagar, Tel Mill Gali,
Paharganj, New Delhi – 110055 ….. Defendant No.14
15. Mr. Ghanshyam

S/o Late Mr. Shiv Nath
16. Ms. Urmila Singh

W/o Mr. Mahender Singh,
R/o 194, 3rd Floor, Street No. 8, Than Singh Nagar,
Anand Parbat, New Delhi – 110005 ….. Defendant No.16
17. Ms. Koshal Devi

W/o Mr. Ram Babu,
R/o 2398, Gali Munde Wali, Sadar Bazaar, Delhi – 110006 ….. Defendant No.17
PS: Karol Bagh

SUIT FOR PARTITION AND PERMANENT INJUNCTION
Respectfully Showeth:
1. That the plaintiff is a law abiding citizen having residence at A-224, V.P. Singh Camp
Railway Colony, Tughlakabad, Jaitpur, Delhi - 110044. She is the daughter of Late
Mr. Shiv Nath and Late Ms. Jeewan Devi and was named as Santosh at birth.
2. That the father of the plaintiff, Mr. Shiv Nath was first married to Ms. Phoolwati and
she expired without any child having been born out of their wedlock. He then married
DLSA Aided Case

Ms. Jeewan Devi. Out of this wedlock, 9 (nine) biological children were born to them
in the following chronological order:
i. Om Prakash (Son)
ii. Kamla (Daughter)
iii. Mohan Lal (Son)
iv. Amar Singh (Son)
v. Santosh @ Nadeera (Daughter)
vi. Shakuntala (Daughter)
vii. Ghanshyam (Son)
viii. Urmila Singh (Daughter)
ix. Koshal Devi (Daughter)
3. That the parents of the plaintiff were Hindus and accordingly all their children born,
were Hindus. During their lifetime they acquired the following two properties out of
their own finances:
i. Property No. 353-354, Pyare Lal Road, Bapa Nagar, Karol Bagh, New Delhi –
110005. (admeasuring 190 sq. yards approx.)
ii. Property No. 351, Pyare Lal Road, Bapa Nagar, Karol Bagh, New Delhi –
110005. (admeasuring 16 sq. yards approx.)
4. That the plaintiff got married to Mr. Ami Lal but after some time her husband threw
her out of the matrimonial home. She later on married Mohd. Hussain and started
using the name ‘Nadeera’. She however continued to profess Hindu religion.
5. That the plaintiff’s mother passed away on 25.12.1983. After her death the father of
the plaintiff did not remarry. Her father passed away on 15th or 16th March 1990. They
both died intestate without having any liabilities. Their properties as mentioned in
para no. 3 were inherited equally by their nine children.
6. That the plaintiff and her other sisters, namely Kamla, Shakhuntala, Urmilla and
Koshal reside in their respective matrimonial homes.
DLSA Aided Case

7. That one elder brother of the plaintiff, namely Amar Singh passed away in the year
2013, leaving behind the following legal heirs. To the best of the knowledge of the
plaintiff he died intestate.
i. Goojari @ Nirmala Devi (Wife)
ii. Vipin (Son)
iii. Bharat (Son)
iv. Govinda (Son)
v. Kajal (Daughter)
8. That Kajal, daughter of Amar Singh passed away some time in 2016 or 2017. She was
married but did not have any child.
9. That the eldest brother of the plaintiff, namely Mr. Om Prakash, passed away in the
year 2018, leaving behind the following legal heirs. To the best of the knowledge of
the plaintiff he died intestate.
i. Sheela Devi (Wife)
ii. Chandrashekhar (Son)
iii. Anil @ Anjali (Daughter) (The plaintiff has very recently come to know that
Anil has also started using the name Anjali)
iv. Rakhi (Daughter)
v. Hema (Daughter)
vi. Bharpai (Daughter)
vii. Deepa (Daughter)
10. That the brothers of the plaintiff ever since the demise of both parents have been in
the possession of the aforementioned properties and live there along with their
respective wives, children and grand-children. By that virtue, the plaintiff being a co-
heir is also deemed to be in the possession of the property. The plaintiff also used to
go to the said property at times to meet her brothers and their families. Since the
plaintiff was undergoing immense financial hardships, she had on a few occasions
mentioned to her brothers in the year 2020 to give her, her share of the property, so
that she could also make her ends meet. They however did not give her, her share.
DLSA Aided Case

11. That on 15.02.2021, the plaintiff went to the aforesaid property to meet the defendant
no. 9, i.e. her ailing brother and his wife. When she reached the turning of the street
which led to suit property, she was confronted by the defendant no. 1 who passed
comments on the plaintiff, as to why she came to the house when the former had
many times asked her not to come to the house. She also threatened the plaintiff that
she would get her killed if she again set foot in the house. Despite this, the plaintiff
mustered up courage and went inside the house and met the defendant no. 9 and his
wife and demanded her share in the suit properties. On hearing this, the family
members present there, including Ms. Babli and Ms. Neetu (Daughters-in-law of
defendant no. 9) threatened the plaintiff by saying that they had in the past also
warned her to neither ask her share and nor enter the house. Thereafter Ms. Babli took
out her phone and was about to dial a number and while doing so threatened of
teaching the plaintiff a lesson. The plaintiff got scared and immediately left the suit
property.
12. That thereafter, the plaintiff on 07.03.2021 again tried to go to her parental house to
ask for her share but she was threatened by the Sheela Devi at the entrance of the
house and she got scared and returned back.
13. That the plaintiff has 1/9th share in the aforementioned properties and is entitled to get
vacant possession of such share after partitioning of the properties.
14. That the plaintiff got a legal notice dated 25.06.2021 sent to all the defendants through
her counsel assigned through DLSA, to effect partition of the aforementioned
properties by metes and bounds and handing over peaceful and vacant possession of
1/9th portion.
15. That after service of the notice, the plaintiff came to know through one of the relatives
that the defendants do not want to give the plaintiff her share and that they also intend
to sell off the properties and divide the proceeds among themselves. The plaintiff is
therefore under reasonable apprehension that the defendants may create third party
interest in the suit properties including the share of the plaintiff.
16. The cause of action arose in the year 2020 when the plaintiff demanded her share of
the suit properties from the defendants but they did not give her, her share. The cause
DLSA Aided Case

of action further arose on 15.02.2021, when the plaintiff went to the suit property and
demanded her share in the suit properties but the family members threatened her of
dire consequences if she demanded her share. The cause of action further arose on
07.03.2021 when the plaintiff again tried to go to the suit property to ask for her share
but she was threatened by the defendant no. 1. The cause of action lastly arose on
25.06.2021 when the plaintiff got a legal notice sent to the defendants. The cause of
action is still continuing.
17. That the suit properties lie within the territorial jurisdiction of this Hon’ble Court,
hence this Hon’ble Court has the jurisdiction to entertain and try the present suit.
18. That the value of the suit properties for the purpose of jurisdiction is Rs.1,20,00,000/-,
being the circle rate of the suit property. The value of the suit for the purpose of court
fees is Rs.200/- for the relief of partition and Rs.130/- for the relief of permanent
injunction. The plaintiff being a co-heir is deemed to be in the possession of the suit
properties and as such is not liable to affix ad valorem court fee on her share in the
suit properties. However if the Hon’ble Court finds otherwise and directs the plaintiff
to pay ad valorem court fees on her share in the suit properties, then the plaintiff,
being an indigent person, reserves her right to move an appropriate application. The
plaintiff has affixed the court fees of Rs.20/- and Rs.13/- for the reliefs of partition
and permanent injunction, respectively.
19. That the suit is within limitation.
PRAYER:
In the abovementioned facts and circumstances, it is most respectfully prayed that the Court
may be pleased to:
1. Pass a preliminary decree of partition determining the respective shares in respect of
the suit properties as shown in the site plans into nine parts. Thereafter to pass a final
decree by appointing Local Commissioner directing him to suggest the appropriate
mode for the partition of the suit property in terms of preliminary decree; and in the
alternative if such a decree of partition is not feasible, then to pass directions to sell
the suit property and divide the proceeds and give 1/9th share of the plaintiff to her.
DLSA Aided Case

2. Pass a decree of Permanent Injunction in favour of the plaintiff and against the
defendants thereby restraining the defendants, their agent(s), attorney(s), assignee(s),
successor(s) etc. from creating any third party interest in the suit property;
3. Award cost of the suit in favour of the plaintiff and against the defendants.
4. Any other relief as deemed fit and proper in the facts and circumstances of the case.
Delhi Plaintiff
Dated 09.07.2021
Through Counsel
Anant Kumar Hajelay

(Enrl. No. D/1369/2013)
D.L.S.A. Counsel
Chamber No. 735-G, Western Wing,
Tis Hazari Courts, Delhi - 110054
Ph: 9910985431
Email: ananthajelay@gmail.com
Verification:
Verified at Delhi on this 9th day of July, 2021 that the contents of para nos. 1 to 15 of plaint
are true and correct to the best of my knowledge and those of para nos. 16 to 19 are based on
legal advice believed to be true and correct. Last is a prayer to this Hon’ble Court containing
4 sub-paras.
Delhi Plaintiff
Dated 09.07.2021
DLSA Aided Case

COURT, DELHI
C.S.D.J. No. _____ of 2021
In the matter of:
v.
AFFIDAVIT
I, Nadeera @ Santosh, W/o Late Mr. Mohammad Hussain, aged about 57 years, R/o A-
224, V.P. Singh Camp Railway Colony, Tughlakabad, Jaitpur, Delhi – 110044, do hereby
solemnly affirm and declare as under:
1. That the deponent is the plaintiff and is conversant with the facts of this case and
competent to swear this affidavit.
2. That the deponent has filed the accompanying suit for partition and permanent
injunction. The contents of the same have been drafted by the counsel under the
instructions of the deponent and have been read over to the plaintiff in vernacular, and
the same are true and correct. The same may be read as a part and parcel of this
affidavit, as they have not been reproduced herein for the sake of brevity.
Deponent
Verification:
Verified at Delhi on this 9th day of July, 2021 that the contents of para no. 1 and 2 of this
affidavit are true and correct to the best of my knowledge and belief.
Deponent
DLSA Aided Case

COURT, DELHI
C.S.D.J. No. _____ of 2021
In the matter of:
v.
APPLICATION ON BEHALF OF THE PLAINTIFF UNDER ORDER XXXIX RULE

1 & 2 READ WITH SECTION 151 C.P.C.
Most Respectfully Showeth:
1. That the plaintiff has filed the above captioned matter before this Hon’ble Court for
Partition and Permanent Injunction and the same is pending adjudication before this
Hon’ble Court. The plaintiff craves leave of this Hon’ble Court to read the contents of
the accompanying suit as part and parcel of this application as the same are not being
repeated herein for the sake of brevity.
2. That the plaintiff has very reasonable apprehension that the defendants may go to any
extent for achieving their illegal motive of grabbing 1/9th share of the plaintiff in the
suit properties and might even sell off the suit properties including the plaintiff’s
share.
3. That the plaintiff has very good prima facie case in his favour and has every chance to
succeed in the matter.
4. That the balance of convenience also lies in favour of the plaintiff and against the
defendants.
5. That the plaintiff shall suffer irreparable loss and injury in case the ex-parte ad-
interim injunction is not granted in favour of the plaintiff and against the defendants
and the same cannot be compensated in terms of money.
DLSA Aided Case

Prayer:
It is, therefore, most respectfully prayed that this Hon’ble Court would graciously be pleased
to pass an ex-parte ad-interim injunction in favour of the plaintiff and against the defendants
thereby restraining the defendants, their agent(s), attorney(s), assignee(s), successor(s) etc.
from transferring, alienating, parting with possession or creating third party interest in any
manner whatsoever in respect of suit properties, till final disposal of the present suit, in the
interest of justice.
It is also prayed that any other order as deemed fit and proper in the facts and circumstances
of the case may also be passed.
Delhi Plaintiff
Dated 09.07.2021
Through
Counsel
Verification:
Verified at Delhi on this 9th day of July, 2021 that the contents of para nos. 1 to 2 of
application are true and correct to the best of my knowledge and those of para nos. 3 to 5 are
based on legal advice believed to be true and correct. Last is a prayer to this Hon’ble Court.
Plaintiff
DLSA Aided Case

COURT, DELHI
C.S.D.J. No. _____ of 2021
In the matter of:
v.
AFFIDAVIT
I, Nadeera @ Santosh, W/o Late Mr. Mohammad Hussain, aged about 57 years, R/o A-224,
V.P. Singh Camp Railway Colony, Tughlakabad, Jaitpur, Delhi – 110044, do hereby
solemnly affirm and declare as under:
1. That the deponent is the plaintiff and is conversant with the facts of this case and
competent to swear this affidavit.
2. That the deponent has filed the accompanying application under Order XXXIX Rule 1
& 2 read with Section 151 of CPC for ex-parte ad-interim injunction. The contents of
the same have been drafted by the counsel under the instructions of the deponent and
have been read over to the plaintiff in vernacular, and the same are true and correct.
The same may be read as a part and parcel of this affidavit, as they have not been
reproduced herein for the sake of brevity.
Deponent
Verification:
Verified at Delhi on this 9th day of July, 2021 that the contents of para no. 1 and 2 of this
affidavit are true and correct to the best of my knowledge and belief.
Deponent
DLSA Aided Case

COURT, DELHI
C.S.D.J. No. _____ of 2021
In the matter of:
v.
LIST OF DOCUMENTS
S No. Particulars Pages

1. Aadhaar Card of the Plaintiff
2. Rashtriya Swasthya Bima Yojna Card of the plaintiff
3. Site Plan of the Suit Properties
4. Office copy of the legal notice alongwith postal receipts
LIST OF RELIANCE
Record of the suit properties from the office of the concerned authorities.
Record of service of legal notice from the postal authorities.
Record of the complaint made to the police about the threats extended to
the plaintiff by the defendants.
Any other document(s) with the permission of this Hon’ble Court.
Delhi Plaintiff
Dated 09.07.2021
Through
Counsel
DLSA Aided Case

Undertaking for identical documents filed on e-Filing and Hard Copy Filing
I, Nadeera, hereby declare and undertake that the documents filed and uploaded on e-filing
portal i.e. https://efiling-dl.ecourts.gov.in/ with respect to this case shall be identical to the
hard copy files filed at the filing counter and if there is any difference found in both the
documents at any stage of case, the same is liable to be rejected.
Delhi
Dated: 09.07.2021 Plaintiff
DLSA Aided Case

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IN THE COURT OF DISTRICT JUDGE, CENTRAL DISTRICT, TIS HAZARI

C.S.D.J. No. _____ of 2021

In the matter of:

Ms. Nadeera @ Santosh ….. Plaintiff

Ms. Sheela Devi & 16 Ors. ….. Defendants

S.No. Particulars Court Fees Pages

Anant Kumar Hajelay

DLSA Aided Case

C.S.D.J. No. _____ of 2021

In the matter of:

Ms. Nadeera @ Santosh ….. Plaintiff

Ms. Sheela Devi & 16 Ors. ….. Defendants

Most Respectfully Showeth:

DLSA Aided Case

C.S.D.J. No. _____ of 2021

In the matter of:

Ms. Nadeera @ Santosh

3. Ms. Anil @ Anjali

DLSA Aided Case

9. Mr. Mohan Lal

10. Ms. Goojari @ Nirmala Devi

11. Mr. Vipin

13. Mr. Govinda

14. Ms. Shakuntala

15. Mr. Ghanshyam

16. Ms. Urmila Singh

17. Ms. Koshal Devi

DLSA Aided Case

C.S.D.J. No. _____ of 2021

In the matter of:

Ms. Nadeera @ Santosh ….. Plaintiff

Ms. Sheela Devi & 16 Ors. ….. Defendants

COURT FEES STAMP

DLSA Aided Case

In the matter of:

Ms. Nadeera @ Santosh

3. Ms. Anil @ Anjali

DLSA Aided Case

9. Mr. Mohan Lal

10. Ms. Goojari @ Nirmala Devi

11. Mr. Vipin

12. Mr. Bharat

14. Ms. Shakuntala

15. Mr. Ghanshyam

16. Ms. Urmila Singh

17. Ms. Koshal Devi

PS: Karol Bagh

DLSA Aided Case

DLSA Aided Case

DLSA Aided Case

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19. That the suit is within limitation.

DLSA Aided Case

Anant Kumar Hajelay

DLSA Aided Case

C.S.D.J. No. _____ of 2021

In the matter of:

Ms. Nadeera @ Santosh ….. Plaintiff

Ms. Sheela Devi & 16 Ors. ….. Defendants

DLSA Aided Case

C.S.D.J. No. _____ of 2021

In the matter of:

Ms. Nadeera @ Santosh ….. Plaintiff

Ms. Sheela Devi & 16 Ors. ….. Defendants