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IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE,

(DISTT.EAST) , KARKARDOOMA COURTS , DELHI

In Re: Civil Suit No. ____/2024

IN THE MATTERS OF :

GAURAV KALRA ……….PLAINTIFF

VERSUS

RAKESH KUMAR AWASTHI ……DEFENDANT

INDEX
S.NO PARTICULARS PAGE
1. MEMO OF PARTIES

2. SUIT FOR PERMANENT AND


MANDATORY INJUNCTION
WITH SUPPORTING AFFIDAVIT.
3. APPLICATION U/O XXXIX RULE
1 AND 2 R/W SEC -151 CPC WITH
SUPPORTING AFFIDAVIT
4. LIST OF DOCUMENTS WITH
DOCUMENTS
5 VAKALATNAMA

PLAINTIFF

DELHI: through

DATED: MEGHA BATRA & HEMANTSOIN,


ADVOCATES
Ph-9990027799
Off-71, AGCR ENCLAVE, DELHI-110092
IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE,
(DISTT.EAST) , KARKARDOOMA COURTS , DELHI

In Re: Civil Suit No. ____/2024

IN THE MATTERS OF :

GAURAV KALRA ……….PLAINTIFF

VERSUS

RAKESH KUMAR AWASTHI ……DEFENDANT

MEMO OF PARTIES

SH.GAURAV KALRA

S/O SATISH KUMAR KALRA

R/O- GALI NO.4 ,12 RAJGARH EXT.,GANDHI NAGAR,

EAST DELHI

ALSO AT

SHOP N0. 4,IX/2453-A,CIRCULAR ROAD,KAILASH


NAGAR,DELHI-110031 …….PLAINTIFF

VERSUS

SH. RAKESH KUMAR AWASTHI

S/O

R/0

ALSO AT
TERRACE, IX/2453-A, CIRCULAR ROAD KAILASH

NAGAR, DELHI - 110031 ……….DEFENDANT

PLAINTIFF

DELHI: through

DATED: MEGHA BATRA &HEMANT SOIN,


ADVOCATES
Ph-9990027799
Off-71, AGCR ENCLAVE, DELHI-110092
IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE,
(DISTT.EAST) , KARKARDOOMA COURTS , DELHI

In Re: Civil Suit No. ____/2024

IN THE MATTERS OF :

GAURAV KALRA ……….PLAINTIFF

VERSUS

RAKESH KUMAR AWASTHI ……DEFENDANT

PS GANDHI NAGAR

SUIT FOR PERMANENT AND MANDATORY


INJUNCTION

MOST RESPECTFULLY SHOWETH:

1. That the plaintiff is a peace-loving and law-abiding citizen


of India and is entitled to all the rights guaranteed by The
Constitution of India and The Code of Civil Procedure
Code.
2. That the plaintiff is the absolute owner and is in possession
of property bearing no. SHOP N0. 4, IX/2453-A,
CIRCULAR ROAD, KAILASH NAGAR, DELHI-110031
since 6/04/2005 wherein the plaintiff is running its
publication business in the name of “Shree Ji Publication”
which also have duly registered GST certificate. A true
copy of the GST certificate is annexed herewith as
ANNEXURE A1 for the kind perusal of this Hon’ble
Court.
3. That the defendant is the new co-owner of the
aforementioned property for a limited part, a terrace and a
neglected area on the ground floor comprising 121 sq.
yards and 60 sq. yards respectively.
4. That the defendant inquired about the property in
September 2023 from the plaintiff before purchasing it
from the previous co-owner, namely Smt.Satwant Kaur. It
is pertinent to mention that the plaintiff explained
everything to the defendant about the property mentioned
above, wherein he was apprised of the dilapidated
condition of the property as the property is already 50
years old, the consent which is required of all the shop
owners to rebuild the whole structure including the
compensation and appropriate relocation of the shop
owners.
5. That the defendant after inquiring from the plaintiff and
assessing the property, still chose to purchase the property
knowing the consequences that he had to face regarding
rebuilding, compensation and relocation of the shops. It is
submitted that the defendant purchased the leftover/limited
property, which he was entitled to purchase in the month
of August 2024.
6. That the defendant, along with his companions on
07/08/2024, namely Titu Sardar and other construction
workers, brought a demolition machine to start
rebuilding/constructing the terrace. It is pertinent to
mention that the plaintiff, along with the other shop owner,
namely Narendra Soorma, of the aforementioned property,
requested/pleaded to stop the construction as the whole
property would be demolished as the building is already in
a dilapidated condition.
7. That the plaintiff, upon reaching in his respective shop on
10/08/2024, found that the defendant had demolished half
of the terrace and, as a consequence, there are several
cracks in the building and shops of all the co-owners in the
respective building. It is pertinent to mention that the
plaintiff, along with other co-owners, tried to stop the
construction workers, but they refrained from stopping the
demolition, after which the plaintiff made a PCR call at
2:15 PM on the very same day and police officials
accordingly did a survey of the dilapidated building.
8. That the plaintiff along with other shop owners aggrieved
from the inaction of the police officials decided to make a
formal complaint in PS Gandhi Nagar and accordingly
made the formal complaint dated 11/08/2024 bearing DD
no.57 at 5:41 PM. A True copy of the the formal complaint
is annexed herewith as ANNEXURE A2 for the kind
perusal of this Hon’ble Court.
9. That the plaintiff along with other co-owners also apprised
and made a formal complaint bearing no. 1251-C to Udyog
Sadan MCD, Patparganj, regarding the
consequences/aftereffects of the illegal construction of the
aforementioned dilapidated building. It is pertinent to
mention that the plaintiff even supplied photographs of the
illegal construction dated 10/08/2024 and 19/08/2024
respectively to the MCD officials. It is further submitted,
that after taking cognizance of the said complaint, the
plaintiff was told by the MCD officials, that a “work stop
notice” had been issued for the construction and would be
sent to the appropriate police official for the same to stop
the illegal construction. A true copy of the formal
complaint is annexed herewith as ANNEXURE A3 for the
kind perusal of this Hon’ble Court.
10.That the plaintiff, aggrieved from the inaction of the
concerned police officials, sent several reminders via email
dated 21/08/2024 and 14/09/2024 respectively with respect
to a copy of the FIR. A true copy of the email is annexed
herewith as ANNEXURE A4 for the kind perusal of this
Hon’ble Court.
11.That the defendant, along with his construction workers,
was caught conspiring in the evening of 15/09/2024 by the
plaintiff when he was guiding the workers to demolish the
entire terrace at midnight. It is pertinent to mention that the
defendant was well aware of the “work-stop notice” but
still chose to demolish it against the order of the MCD. It
is further submitted that the aforementioned was conveyed
by the plaintiff to the concerned police officials via
WhatsApp as the aforementioned official was not present
in the PS Gandhi Nagar. A true copy of the Screenshot of
the message is annexed herewith as ANNEXURE A5 for
the kind perusal of this Hon’ble Court.
12.That the defendant, after breaching the order of the
competent authority, guidelines of construction and failed
efforts of the plaintiff, successfully demolished half of the
terrace.
13.That the plaintiff, even after no revert from the police
officials, conveyed the paramount
information/development in the continuing illegal
construction via email dated 18/09/2024.A true copy of the
email is annexed herewith as ANNEXURE A6 for the
kind perusal of this Hon’ble Court.
14.That the building wherein the plaintiff’s shop is allocated
is in a dilapidated condition which will be completely
demolished if any construction is carried out upon the
terrace as the building is 50 years old.
15.That the cause of action arose when the defendant started
illegal construction without asking the co-owners; it
further arose when the defendant brought a demolition
machine at the terrace; it further arose when the plaintiff
made a formal complaint in PS Gandhi Nagar and Udyog
Sadan, MCD Office, Patparganj; it further arose when the
defendant demolished half of the terrace after “work stop
notice” was issued and the cause of action is continuing
and subsisting in favour of the plaintiff against the
defendants.
16.That the subject matter of the suit is within the territorial
jurisdiction of this Hon’ble Court, hence this Hon’ble
Court is competent to entertain and adjudicate the present
suit.
17.That the value of the suit for the purpose of relief for a
permanent injunction is fixed at Rs.____ and the value of
the suit for the purpose of relief for the mandatory
injunction is fixed at Rs____, the appropriate court fee of
RS.___ is affixed with the plaint.

PRAYER

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


may be pleased to allow the present suit filed by the plaintiff and
this Hon’ble Court may be pleased to :

a) Pass a Decree for permanent and mandatory injunction in


favour of the plaintiff and against the defendant, thereby
restraining the defendant, their assignees and successors in
interest from carrying out construction at the terrace of
IX/2453-A, CIRCULAR ROAD KAILASH NAGAR,
DELHI – 110031
b) Direct the defendant to compensate and fix the shop of the
plaintiff to the damages caused by the illegal construction
c) Any further order or direction as deemed fit and proper in
the facts and circumstances of the case.
PLAINTIFF

DELHI: through

DATED: MEGHA BATRA,HEMANT SOIN,


ADVOCATES
Ph-9990027799
Off-71, AGCR ENCLAVE, DELHI-110092

VERIFICATION

Verified at Delhi on this ____ day of ____2024 that the contents


of this above plaint are true and correct to the best of my
knowledge and belief, and nothing material has been concealed
therefrom.

PLAINTIFF
IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE,
(DISTT.EAST) , KARKARDOOMA COURTS , DELHI

In Re: Civil Suit No. ____/2024

IN THE MATTERS OF :

GAURAV KALRA ……….PLAINTIFF

VERSUS

RAKESH KUMAR AWASTHI ……DEFENDANT

AFFIDAVIT

I, Gaurav Kalra , aged about 45 years s/o Satish Kumar Kalra,


R/o –Gali no. 12 Rajgarh ext. Gandhi Nagar, do hereby solemnly
affirm and declare as under:

1. That the Deponent is the plaintiff in the present suit and is


well conversant with the facts and circumstances of the
case hence competent to swear this Affidavit.
2. That the accompanying replication drafted by the Counsel
of the Deponent and the same has been read over to her in
her vernacular language.
3. That the contents of the accompanying plaint may be
considered as part and parcel of the present affidavit as the
same are not repeated herein for the sake of brevity and to
avoid repetition.
DEPONENT

VERIFICATION

Verified at Delhi on this day of 2024, that the


contents of this above affidavit are true and correct to the best of
my knowledge and belief and nothing material has been
concealed therefrom.

DEPONENT
IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE,
(DISTT.EAST) , KARKARDOOMA COURTS , DELHI

In Re: Civil Suit No. ____/2024

IN THE MATTERS OF :

GAURAV KALRA ……….PLAINTIFF

VERSUS

RAKESH KUMAR AWASTHI ……DEFENDANT

APPLICATION UNDER ORDER XXXIX RULE 1 AND 2


R/W SECTION 151 CPC ON BEHALF OF THE
PLAINTIFF

MOST RESPECTFULLY SHOWETH:-

1. That the plaintiff has filed the accompanying suit may be


considered and read as part and parcel of this application
same are not repeated for the sake of brevity.
2. That the balance of convenience also lies in favour of the
plaintiff against the defendants.
3. That the plaintiff has a good prima facie case in her favour
and against the defendants.

That if the present application is not allowed the plaintiff would


suffer irreparable loss and injury which cannot be compensated
in terms of money.

PRAYER

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


may be pleased to allow the present suit filed by the plaintiff and
this Hon’ble Court may be pleased to :
a) Pass Ex-parte Ad-Interim injunction thereby restraining
the defendant from any further construction/demolition of
the concerned terrace of the property bearing no. IX/2453-
A,CIRCULAR ROAD,KAILASH NAGAR,DELHI-
110031.

b) Any further order or direction as deemed fit and proper in


the facts and circumstances of the case.

PLAINTIFF

DELHI: through

DATED:
MEGHA BATRA &HEMANT
SOIN,
ADVOCATES
Ph-9990027799
Off-71, AGCR ENCLAVE, DELHI-110092
IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE,
(DISTT.EAST) , KARKARDOOMA COURTS , DELHI

In Re: Civil Suit No. ____/2024

IN THE MATTERS OF :

GAURAV KALRA ……….PLAINTIFF

VERSUS

RAKESH KUMAR AWASTHI ……DEFENDANT

AFFIDAVIT

I, Gaurav Kalra , aged about 45 years s/o Satish Kumar Kalra,


R/o –Gali no. 12 Rajgarh ext. Gandhi Nagar, do hereby solemnly
affirm and declare as under:

4. That the Deponent is the plaintiff in the present suit and is


well conversant with the facts and circumstances of the
case hence competent to swear this Affidavit.
5. That the accompanying replication drafted by the Counsel
of the Deponent and the same has been read over to her in
her vernacular language.
6. That the contents of the accompanying plaint may be
considered as part and parcel of the present affidavit as the
same are not repeated herein for the sake of brevity and to
avoid repetition.

DEPONENT

VERIFICATION

Verified at Delhi on this day of 2024, that the


contents of this above affidavit are true and correct to the best of
my knowledge and belief and nothing material has been
concealed therefrom.

DEPONENT

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