Suit for Permanent and Mandatory Injunction

IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE,
DWARKA DISTRICT COURTS

CS SCJ OF 2024
IN THE MATTER OF:
AMITA TIWARI & ANR. …PLAINTIFF
VERSUS
NARENDER & ORS. …DEFENDANTS
INDEX
S. NO. PARTICULARS PAGE NO.
1. MEMO OF PARTIES
2. TOTAL COURT FEE
3. SUIT FOR PERMANENT AND

MANDATORY INJUNCTION
ALONG WITH AFFIDAVIT IN
SUPPORT
4. APPLICATION U/O 39 R1 & R2

FOR EX-PARTE AD-INTERIM
INJUNCTION ALONG WITH
AFFIFAVIT IN SUPPORT
5. LIST OF DOCUMENTS ALONG

WITH DOCUMENTS
6. VAKALATNAMA
Dated: 27.04.2024 PLAINTIFFS

New Delhi Through:
KARTIKEYA MUDGIL &
YOGESH GULIA
Advocates
Ch. No. 332, Lawyers Chamber
Block, Dwarka Courts Complex,
Sec. 10, Dwarka, New Delhi-75
Mob. 9971885087
E-mail: adv.kartikeyamudgil@gmail.com
CS SCJ OF 2024
IN THE MATTER OF:
VERSUS
MEMO OF PARTIES
1. AMITA TIWARI,
W/O PRAMOD TIWARI,
R/O FLAT NO. 627, POCKET 3,
AKSHARDHAM APARTMENTS, SECTOR 19,
DWARKA, NEW DELHI
2. PRAMOD TIWARI,
S/O RAMKISHORE TIWARI,
R/O FLAT NO. 627, POCKET 3,
DWARKA, NEW DELHI
...PLAINTIFF
S
VERSUS
1. NARENDER,
S/O BAL KRISHAN,
R/O FLAT NO. 629/628, POCKET 3,
DWARKA, NEW DELHI
2. SONIYA,
W/O NARENDER,
R/O FLAT NO. 629/628, POCKET 3,
DWARKA, NEW DELHI
3. AYODHYA PRASAD,
S/O MUKHRAM,
FLAT NO. 629, POCKET 3,
DWARKA, NEW DELHI
...DEFENDANTS
New Delhi Through:

KARTIKEYA MUDGIL &
YOGESH GULIA
Advocates
Mob. 9971885087
CS SCJ OF 2024
IN THE MATTER OF:
VERSUS
TOTAL COURT FEE

CS SCJ OF 2024
IN THE MATTER OF:
VERSUS
SUIT FOR PERMANENT AND MANDATORY

INJUNCTION.
MOST RESPECTFULLY SHOWETH:
1. That the Plaintiffs are peaceful citizens of India and are
residents of the aforementioned address. It is submitted
that the Plaintiffs are married to each other and reside with
their children at the aforementioned address.
2. That the Defendants are the neighbours of the Plaintiffs
who reside in the house adjacent to the house of the
Plaintiffs. It is further submitted that the Defendants no. 1
and 2 are believed to be residing in the said house as
tenants whereas the Defendant No. 3 is believed to be the
owner of the said house. It is submitted that the father of
the Plaintiff no. 2 is the owner of the Flat bearing no. 627,
Pocket 3, Akshardham Apartments, Sector 19, Dwarka,
New Delhi(hereinafter referred to as ‘suit property’) and at
the behest of the said father, the Plaintiffs are residing in
the said premises. The Site Plan of the suit property is
annexed herewith as Annexure P1.
3. That the Plaintiffs have been residing the aforementioned
house since the year 2019 whereas the Defendants No. 1
and 2 shifted in their house in the year 2021. It is
submitted that since the year 2021, the Defendants No. 1
and 2 have regularly been harassing and intimidating the
Plaintiffs and have made the lives of the Plaintiffs
miserable owing to the misdeeds of the Defendants No. 1
and 2.
4. That the passage for the entrance of the house of the
Plaintiffs is parallel to the house of the Defendants and as
such, the Defendants No. 1 and 2 are in the habit of
obstructing the passage for entrance of house of the
Plaintiffs by way of knowingly placing their ‘Chaarpai(s)’
ie. Wooden Cots, plants, etc. and parking their vehicles in
order to block the one and only entrance for the house of
the Plaintiffs. It is pertinent to mention herein that the main
entrance for house of the Defendants is located in the main
road/gali and another entrance/door is located in the
common passage/gali. The common passage is highlighted
with the colour ‘BLUE’ in the annexed site plan.
5. That the Defendants No. 1 and 2, in order to harass the
Plaintiffs, regularly dump their household waste and malba
in the common passage and daily flush the common
passage with lots of water, thereby making the use of the
said common passage extremely hard. It is pertinent to
mention herein that on 12.04.2024, when the Plaintiff No.
2 was riding his scooty towards his house in the common
passage, he lost control of the scooty and slipped due to
excesso water and waste being dumped in the common
passage by the Defendants No. 1 and 2, thereby causing
injuries to the Plaintiff No. 2 in the form of fracture of
bone. The Copy of Medical documents of the Plaintiff No.
2 are annexed herewith as Annexure A1.
6. That the Plaintiffs have pleaded and requested the
Defendants No. 1 and 2 to stop harassing them but the
same has fallen on deaf ears. It is submitted that the
Plaintiffs have filed several complaints against the
Defendants No. 1 and 2 to the concerned police officials
but to their utter shock and dismay, the police officials
have never taken any adverse action to curb the illegal
harassment caused by the Defendants No. 1 and 2.
7. That the Defendants No. 1 and 2 have often resorted to
several physically violent acts against the Plaintiffs
wherein the car of the Plaintiff has also been damaged due
to Defendant No. 1. It is submitted that the Defendants No.
1 and 2 are, with mala fide intention, committing the
aforementioned acts to harass the Plaintiffs and thereby
cause the Plaintiffs to vacate the said house of the
Plaintiffs. It is pertinent to mention herein that Defendants
No. 1 and 2 also try their best to harass the guests and
relatives of the Plaintiffs whenever the aforementioned
persons visit the house of the Plaintiffs. The Photographs
of incidents of altercations instigated by the Defendants
No. 1 and 2 are annexed herewith as Annexure A2(Colly.)
and videos of Defendants No. 1 and 2 threatening the
Plaintiffs are annexed herewith as Annexure A3(Colly.).
8. That the Defendants No. 1 and 2 are in the habit of daily
threatening the Plaintiffs, obstructing the 'only' passage for
entrance for the house of the Plaintiffs, dumping household
waste, flushing the entire common passage with loads of
water and dumping malba in the common passage.
9. That the cause of action for filing the present suit arose
when the Defendants No. 1 and 2 started illegally
obstructing the common passage in the year 2022. It
further arose when the Defendants dump their household
waste and malba in the common passage. It further arose
when the Defendants No. 1 and 2 flush the entire common
passage with loads of water. The cause of action is
continuing and subsisting.
10.That this Hon’ble Court has the territorial jurisdiction to
entertain the present suit as the suit property is withing the
territorial jurisdiction of this Hon’ble Court.
11.That the present suit is valued for the purposes of court fee
and jurisdiction as under:
i. On the relief of Permanent Injunction thereby
restraining the Defendants from obstructing the
common passage (highlighted with the colour
'BLUE' in the annexed site plan) by way of parking
their vehicles, placing their 'chaarpai' and/or any
other items for obstruction (highlighted with the
colour 'BLUE' in the annexed site plan) which is
valued as Rs. 200/- on which an ad-valorem court
fee of Rs. 20/- has been affixed on the plaint.
ii. On the relief of Mandatory Injunction thereby
restraining the Defendants from dumping their
household waste, malba and flushing loads of water
in the common passage (highlighted with the colour
'BLUE' in the annexed site plan) which is valued as
Rs. 200/- on which an ad-valorem court fee of Rs.
20/- has been affixed on the plaint.
PRAYER:
It is, therefore, most respectfully prayed that this Hon'ble
Court may kindly be pleased to:
i. Pass a decree of Permanent Injunction in favour of the
Plaintiffs and against the Defendants, thereby restraining
the Defendants from obstructing the common passage
(highlighted with the colour 'BLUE' in the annexed site
plan) by way of parking their vehicles, placing their
'chaarpai' and/or any other items for obstruction
plan), in the interests of justice.
ii. Pass a decree of Mandatory Injunction, in favour of the
Plaintiffs and against the Defendants, thereby restraining
the Defendants from dumping their household waste,
malba and flushing loads of water in the common passage
plan), in the interests of justice.
Or, pass any other such further order(s), which this

Hon'ble Court may deem fit and proper, as per the facts and
circumstances of the present case, in the interests of justice.
New Delhi Through:

KARTIKEYA MUDGIL &
YOGESH GULIA
Advocates
Mob. 9971885087
VERIFICATION:
Verified at New Delhi on 27th day of April, 2024 that the
contents of paras 1 to 9 of the above plaint are true and correct to
my knowledge and those of paras 10 to 11 of the plaint are true
and correct on the basis of legal advice received and believed to
be true. Last para is the humble prayer to this Hon’ble Court.
PLAINTIFFS
CS SCJ OF 2024
IN THE MATTER OF:
VERSUS

AFFIDAVIT
I, Amita Tiwari,W/O Pramod Tiwari, R/o Flat No. 627, Pocket 3,
Akshardham Apartments, Sector 19, Dwarka, New Delhi,
hereafter referred to as the 'deponent', do hereby solemnly affirm
and declare as under:
1. That I am the Plaintiff No. 1 in the above captioned suit and
am well conversant with the facts and circumstances of this
case, hence competent to swear this affidavit. I have gone
through the contents of accompanying suit for possession
and permanent injunction, the contents of paras 1 to 9 of the
accompanying plaint are true and correct to my knowledge
and paras 10 to 11 are believed to be correct as per legal
advice received. Last para is prayer to this Hon’ble Court.
2. That the contents of the same are true and correct to my
knowledge and the same may kindly be read as part and
parcel of this affidavit as the same are not being repeated
herein for the sake of brevity and to avoid repetition.
DEPONENT
VERIFICATION:
Verified at New Delhi on day of April, 2024 that the contents
of above affidavit are true and correct to my knowledge. No part
of it is false and nothing material has been concealed therefrom.
DEPONENT
CS SCJ OF 2024
IN THE MATTER OF:
VERSUS

AFFIDAVIT
I, Pramod Tiwari,S/O Ramkishore Tiwari, R/O Flat No. 627,
Pocket 3, Akshardham Apartments, Sector 19, Dwarka, New
Delhi, hereafter referred to as the 'deponent', do hereby solemnly
affirm and declare as under:
1. That I am the Plaintiff No. 2 in the above captioned suit and
am well conversant with the facts and circumstances of this
case, hence competent to swear this affidavit. I have gone
through the contents of accompanying suit for possession
and permanent injunction, the contents of paras 1 to 9 of the
accompanying plaint are true and correct to my knowledge
and paras 10 to 11 are believed to be correct as per legal
advice received. Last para is prayer to this Hon’ble Court.
2. That the contents of the same are true and correct to my
knowledge and the same may kindly be read as part and
parcel of this affidavit as the same are not being repeated
herein for the sake of brevity and to avoid repetition.
DEPONENT
VERIFICATION:
DEPONENT
CS SCJ OF 2024
IN THE MATTER OF:
VERSUS

APPLICATION UNDER ORDER 39 RULES 1 & 2 READ
WITH SECTION 151 OF THE CODE OF CIVIL
PROCEDURE ON BEHALF OF THE PLAINTIFFS FOR
EX-PARTE AD-INTERIM INJUNCTION.
MOST RESPECTFULLY SHOWETH:
1. That the Plaintiffs have filed the accompanying suit for
permanent and mandatory injunction against the Defendants
which is pending disposal before this Hon’ble Court. The
facts and grounds set out in the accompanying suit may
kindly be read as part and parcel of this application being not
repeated herein for the sake of brevity.
2. That the Defendants have threatened the Plaintiffs with
creating further nuisance and obstructing the common
passage.
3. That the Defendants are actively harassing the Plaintiffs in
order to force the Plaintiffs out of the suit property. It is
further submitted that the Defendants are not allowing the
Plaintiffs to properly access her house by obstructing the
common passage It is further submitted that the Defendants
are daily dumping their waste, malba in the common passage
as well as are actively flushing the common passage with
loads of water. It is further submitted that the Plaintiffs are
also continually facing other forms of physical and mental
harassment at the behest of the Defendants.
4. That in case the Defendant No. 1 and 2 succeed in

connivance with Defendant No. 3, in their nefarious design to
permanently block the common passage or change the nature
of the common passage, the plaintiffs shall suffer irreparable
loss and injury which cannot be compensated in terms of
money.
5. That the Plaintiffs are having a strong prima facie case in
their favour and are likely to succeed in the same.
6. That no prejudice shall be caused to the Defendant if an ex-
parte ad-interim injunction is passed in favour of the Plaintiff.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble
Court may kindly be pleased to:
i. Pass an ad-interim injunction against the Defendants, their
agents, servants, attorneys and representatives, etc.,
thereby thereby restraining the Defendants from
obstructing the common passage (highlighted with the
colour 'BLUE' in the annexed site plan) by way of parking
their vehicles, placing their 'chaarpai' and/or any other
items for obstruction (highlighted with the colour 'BLUE'
in the annexed site plan), in the interests of justice till the
final disposal of the suit, and
ii. Pass an ad-interim injunction against the Defendants, their
agents, servants, attorneys and representatives, etc. thereby
restraining the Defendants from dumping their household
waste, malba and flushing loads of water in the common
passage (highlighted with the colour 'BLUE' in the
annexed site plan)
Or, pass any other or further order(s) which this Hon’ble

Court may deem fit and proper in the facts and
circumstances of the case may also kindly be passed in
favour of the Plaintiffs and against the Defendants.
New Delhi Through:

KARTIKEYA MUDGIL &
YOGESH GULIA
Advocates
Mob. 9971885087
CS SCJ OF 2024
IN THE MATTER OF:
VERSUS

AFFIDAVIT
I, Amita Tiwari,W/O Pramod Tiwari, R/o Flat No. 627, Pocket 3,
Akshardham Apartments, Sector 19, Dwarka, New Delhi,
hereafter referred to as the 'deponent', do hereby solemnly affirm
and declare as under:
1. That I am the Plaintiff No. 1 in the above captioned suit
and am well conversant with the facts and
circumstances of this case, hence competent to swear
this affidavit.
2. That the contents of the accompanying application
under Order 39 Rule 1 & 2 read with Section 151 of the
Code of Civil Procedure have been drafted by my
counsel under my instructions; contents of the same are
true and correct to my knowledge and the same may
kindly be read as part and parcel of this affidavit. The
contents of the same are not being repeated herein for
the sake of brevity and to avoid repetition.
DEPONENT
Verification:
DEPONENT
CS SCJ OF 2024
IN THE MATTER OF:
VERSUS

AFFIDAVIT
I, Pramod Tiwari,S/O Ramkishore Tiwari, R/O Flat No. 627,
Pocket 3, Akshardham Apartments, Sector 19, Dwarka, New
Delhi, hereafter referred to as the 'deponent', do hereby solemnly
affirm and declare as under:
1. That I am the Plaintiff No. 1 in the above captioned suit
and am well conversant with the facts and
circumstances of this case, hence competent to swear
this affidavit.
2. That the contents of the accompanying application
under Order 39 Rule 1 & 2 read with Section 151 of the
Code of Civil Procedure have been drafted by my
counsel under my instructions; contents of the same are
true and correct to my knowledge and the same may
kindly be read as part and parcel of this affidavit. The
contents of the same are not being repeated herein for
the sake of brevity and to avoid repetition.
DEPONENT
Verification:
DEPONENT
CS SCJ OF 2024
IN THE MATTER OF:
VERSUS

LIST OF DOCUMENTS
S.NO. PARTICULARS PAGE NO.
1. ANNEXURE P1
SITE PLAN
2. ANNEXURE A1
COPY OF MEDICAL
DOCUMENTS OF PLAINTIFF
NO. 2
3. ANNEXURE A2
PHOTOGRAPHS OF INCIDENTS
OF DUMPING
MALBA/OBSTRUCTION ETC.
4. ANNEXURE A3
VIDEOS OF INCIDENTS OF
DUMPING WASTE AND
THREATENING
5. CERTIFICATE U/S 65B OF
INDIAN EVIDENCE ACT

New Delhi Through:
KARTIKEYA MUDGIL &
YOGESH GULIA
Advocates
CS SCJ OF 2024
IN THE MATTER OF:
VERSUS

CERTIFICATE U/S 65 B OF INDIAN EVIDENCE ACT
I, Amita Tiwari and Pramod Tiwari certify that print out copy of
Photos annexed as Annexure A2(Colly) and videos annexed as
Annexure A3(Colly.) pertaining to the incidents are true
electronic documents obtained from our computer and mobile
phone The said print out has been obtained on the basis of
information feed in the routine manner in the computer while the
same was under full control of undersigned. It is further certified
that during the relevant period nothing adverse took place so as
to affect the correctness of the information so feed.
DATE: 27.04.2024
NEW DELHI
PLAINTIFFS

Suit for Permanent and Mandatory Injunction

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IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE,

DWARKA DISTRICT COURTS

IN THE MATTER OF:

AMITA TIWARI & ANR. …PLAINTIFF

NARENDER & ORS. …DEFENDANTS

S. NO. PARTICULARS PAGE NO.

2. TOTAL COURT FEE

3. SUIT FOR PERMANENT AND

4. APPLICATION U/O 39 R1 & R2

5. LIST OF DOCUMENTS ALONG

Dated: 27.04.2024 PLAINTIFFS

IN THE MATTER OF:

AMITA TIWARI & ANR. …PLAINTIFF

NARENDER & ORS. …DEFENDANTS

Dated: 27.04.2024 PLAINTIFFS

New Delhi Through:

IN THE MATTER OF:

AMITA TIWARI & ANR. …PLAINTIFF

NARENDER & ORS. …DEFENDANTS

TOTAL COURT FEE

IN THE MATTER OF:

AMITA TIWARI & ANR. …PLAINTIFF

NARENDER & ORS. …DEFENDANTS