Draft of Partition Suit

June 6, 202213428 By Avinash Nandan Sharma

IN THE COURT OF THE DISTRICT JUDGE, WEST, TIS HAZARI COURTS, DELHI

Suit No.________of 2022

IN THE MATTER OF:

Mr. Gaurav Joshi …..Plaintiff

VERSUS

Mr. Trilochan Joshi & Ors. ..…Defendants

INDEX

S.NO.	Particulars	Pages	C. Fee
1.	Memo of Parties
2.	Suit for Partition
3.	Affidavit on behalf of Plaintiff
4.	List of Documents along with Documents
8.	Vakalatnama

Filed By

( Avinash N. Sharma)

Advocate

Chamber No. 671, Patiala House Courts,

New Delh-110001. Mob. 8800794128

New Delhi

Dated: .01.2022

IN THE COURT OF THE DISTRICT JUDGE, WEST, TIS HAZARI COURTS, DELHI

Suit No.________of 2022

IN THE MATTER OF:

Mr. Gaurav Joshi …..Plaintiff

VERSUS

Mr. Trilochan Joshi & Ors. ..…Defendants

MEMO OF PARTIES

Gaurav Joshi

S/o. Trilochan Joshi

R/o. AB, West Delhi, Delhi-110043 …….Plaintiff

VERSUS

Mr. Trilochan Joshi

S/o Sh. X

Anandi Joshi

W/o Sh. Trilochan Joshi

Sunil Joshi

S/o. Trilochan Joshi

All R/o H. No. AB, West Delhi, Delhi-110043.

Pushpa

D/o Sh.Trilochan Joshi

W/o QA

R/o. Village XY ……. Defendants

Plaintiff

Through

(Avinash N. Sharma)

Advocate

Chamber No. 671, Patiala House Courts,

New Delh-110001. Mob. 8800794128

New Delhi

Dated: .01.2022

IN THE COURT OF THE DISTRICT JUDGE, WEST, TIS HAZARI COURTS, DELHI

Suit No.________of 2022

IN THE MATTER OF:

Gaurav Joshi

S/o. Trilochan Joshi

R/o. AB West Delhi, Delhi-110043 ……. Plaintiff

VERSUS

Mr. Trilochan Joshi

S/o Sh.chunamani Joshi

2 .Mrs. Anandi Joshi

W/o Sh. Trilochan Joshi

Mr. Sunil Joshi

S/o. Sh. Trilochan Joshi

All R/o H. No. AB, West Delhi, Delhi-110043.

Mrs. Pushpa

D/o Sh. Trilochan Joshi

W/o Sh. X

R/o. Village XY Distt. ……. Defendants

SUIT FOR PARTITION

Sir,

MOST RESPECTFULLY SHOWETH:-

That the plaintiff is the younger son of the defendant no.1 and 2, Sh. Trilochan Joshi and Smt. Anandi Joshi and younger brother of defendant no.3, Sunil Joshi. All are residing in the same house at AB, West Delhi, Delhi-110043. The ID Proof of the Plaintiff is annexed herewith. The defendant no. 4 is the married sister of the plaintiff and residing at Uttarakhand in her matrimonial home.
That the plaintiff and defandants no.1,2 & 3 reside as co – owners in the house no.AB, Nangli Vihar, Gali No.1, West Delhi, Delhi-110043 with the construction of the two floor building comprising of two rooms, kitchen , latrine , bathroom, passage on each floor , built over a measuring area of 40 sq. yds, (gaj) hereinafter called the ‘Suit Property’. The site plan is annexed herewith.
That the suit property belongs to Hindu Undivided Family (HUF) and was purchased by the collective fund of the family on the name of defendant no.2 , Mrs. Anandi Joshi who is the mother of the plaintiff and have not been sub divided or partitioned and plaintiff and defendants no.1,2 & 3 are in joint possession of the same .
That the defendants no.1,2, & 3 have illegally and fraudulently retained with them the original papers of the suit property. The said defendants further denied the existence of the right of just share of the plaintiff in the suit property.
That the suit property was purchased by the Collective fund of the family in the name of plaintiff no.2, Anandi Joshi in the year 2009 after selling the ancestral family property bearing Jhuggi no. 2, Gautam Nagar, New Delhi where the whole family was residing since 1982. That the first floor of the suit property was built up by the plaintiff by his own money/amout as at the time of purchase the suit property was constructed up to ground floor only.
That the plaintiff is the man of 28 years of age who got married with Ms. S , Daughter of MC Mittal on 16.04.2018 at Arya Samaj Mandir , Ghaziabad (U.P.). It was purely an inter-caste love marriage. The party to this marriage was also blessed with a son aged about one and half monts. The copy of the marriage certificate of Arya Samaj Mandir and the Marriage Registration Certificate, issued by Registrar Hindu Marriage, Ghaziabad is annexed herewith.
That the defendants no. 1 &2 who is the father & mother of the plaintiff did not like the said inter-cast marriage of the plaintiff and deadly opposed the share of the plaintiff in the suit property which is Undivided Hindu Family house comprising of father , mother , two sons and their wives and children.
That the defendants no. 1 & 2 have started abusing and threatening the plaintiff and his wife with a view to getting the said house vacated for last one year with wrong intention of not parting with the share of the plaintiff in the suit property. That the plaintiff is entitled to 1/4^th ( half ) share in suit property.
That for last one year the plaintiff is requesting the defendants for amicable partition of the suit property, but the defendants are avoiding the same and have no intention in dividing the suit property.
That the defendant no.1 has got the FIR No. 277/21, U/s. 380,427& 506 IPC , P.S. RANHOLA registered by filing a false and fabricated complaint case U/s. 156(3) of the Cr.P.C. against the applicant before the Hon’ble Court of C.M.M. Tis Hazari Court, Delhi in which the plaintiff was granted anticipatory bail by the Sessions Judge, Tis Hazari, New Delhi. The copy of said FIR is annexed herewith.
That quite contrary to the facts of FIR, plaintiff’s wife Mrs. S was hurt on 10.11.2021 by the defendant no.2 and his elder son Sunil Joshi, the defendant no.4 and she was taken to Deen Dayal Upadhay Hospital, New Delhi for medical examination. The copy of Medical Report issued by DDU Hospital, N.Delhi bearing MLC No. 26306 dated 10.11.2013 is annexed herewith.
The defendants are harassing the plaintiff and his wife. The defendant’s wife had given a Complaint on 12.11.2021 to the SHO, P.S. Ranhola , Delhi regarding the torture and harassment being committed by the defendan no.2, her elder son Sunil Joshi, defendant no.3 and his wife Kumkum Joshi against her for the reason of doing love marriage with the defendant. The Copy of Police complaint dated 12.11.2021 is annexed herewith.

That defendants, in fact, are avoiding the partition and therefore, it is in the interest of plaintiff to get the property partitioned by metes and bounds.
That entire family of the plaintiff is suffering in the present situation and there is every likelihood of illegal acts on behalf of the defendant No.1 & 2 in order to sell and dispose of the suit property with a view to defraud and defeat the plaintiff and the plaintiff will be facing irreparable loss and financial hardship at the hands of the defendants.
That the cause of action for partition had arisen in favour of the plaintiff and against the defendant when the plaintiff requested the defendant for the partition of the suit property in January 2021 and the cause of action further survived and is continuing as the defendant has failed to partition the HUF property till date.
That the value of the suit for the purpose of jurisdiction has been fixed at Rs. 80,00000/- ( Eighty Lakhs Only) being the market value of the property to be partitioned and a proper court court fee has been affixed as the plaintiff is in the possession of the suit property. The plaintiff undertakes to pay such additional court fees as may be directed by this Hon’ble Court at the time of decree in respect of the partition.
That the property is situated in Delhi and as such this Hon’ble Court has jurisdiction to try and adjudicate upon the suit.

PRAYER

The plaintiff respectfully prays for the following relief(s) :

That a decree may be passed partitioning the suit property by metes and bounds.
Cost of the suit be also awarded in favour of the plaintiff and against the defendants.
Any other or further relief which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case may also be granted.

Plaintiff

Through

( Avinash N. Sharma )

Advocate

Chamber No. 671, Patiala Hous Courts,

New Delh-110001. Mob. 8800794128

New Delhi

Dated: .01.2022

VERIFICATION :

Verified at Delhi on this day of January 2022 that the contents of para nos. 1 to 11 of the plaint are true and correct to my knowledge and those of para nos. 12 to 17 are correct according to information received and believed to be true. Last para is prayer to this Ho’ble Court.

Plaintiff

IN THE COURT OF THE DISTRICT JUDGE, WEST, TIS HAZARI COURTS, DELHI

Suit No.________of 2022

IN THE MATTER OF:

Mr. Gaurav Joshi …..Plaintiff

VERSUS

Mr. Trilochan Joshi & Ors. ..…Defendants

AFFIDAVIT

I, Gaurav Joshi, aged about 28 years S/o Trilochan Joshi ,R/o. AB, West Delhi, Delhi-110043 do here by solemnly affirm and declare as under:-

That I am the plaintiff in the above said case and am well conversant with the facts and circumstances of the case and am competent to swear this affidavit.
That accompanying plaint for partition has been drafted by my counsel under my instructions and contents of the same have been explained to me in vernacular and understood by me and the same are not being repeated herein for the same of brevity and may be read as part and parcel of this affidavit.
This is my true and correct statement.

DEPONENT

VERIFICATION

Verified at New Delhi on this day of January . 2022 , that the contents of my 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 THE DISTRICT JUDGE, WEST, TIS HAZARI COURTS, DELHI

Suit No.________of 2022

IN THE MATTER OF:

Mr. Gaurav Joshi …..Plaintiff

VERSUS

Mr. Trilochan Joshi ..…Defendant

LIST OF DOCUMENTS ON BEHALF OF THE PLAINTIFF

Sl. No. Description and Detail Page no.

Voter ID of the plaintiff

Site Plan of the suit property

The copy of the marriage certificate of Arya Samaj Mandir

and the Marriage Registration Certificate, issued by

Registrar Hindu Marriage, Ghaziabad.

The copy of Medical Report issued by DDU Hospital, N.Delhi

bearing MLC No. 263 dated 10.11.2021.

Copy of FIR No. 277/21, U/s. 380,427& 506 IPC ,

P.S. RANHOLA dated

Receiving Copy of the Police complaint dt.12.08.2021

Plaintiff

Through

( Avinash N. Sharma )

Advocate

Chamber No. 671, Patiala House Courts,

New Delh-110001. Mob. 8800794128

New Delhi

Dated: .01.2022

IN THE COURT OF THE DISTRICT JUDGE, WEST, TIS HAZARI COURTS, DELHI

I.A. No.___________OF 2019

Suit No.________of 2019

IN THE MATTER OF:

Mr. Gaurav Joshi …..Plaintiff

VERSUS

Mr. Trilochan Joshi & Ors. ..…Defendants

APPLICATION FOR EX PARTE AD – INTERIM INJUNCTION UNDER ORDER 39, RULES 1 AND 2 OF THE CODE OF CIVIL PROCEDURE , 1908 READ WITH SECTION 151 THEREOF

Most Respectfully showeth

That the plaintiff has filed a Suit for Partition against the defendants and the same is pending before this Hon’ble Court. The averments made in the accompanying plaint may kindly be read as part and parcel of this application which are not being reproduced here for the sake of brevity.
That the plaintiff has a good prima facie case in her favour and there is every likelihood to succeed in it.
That the balance of convenience also lies in favour of the applicant / plaintiff and against the defendants.
That the plaintiff has come to know that the defendants have been approaching various property dealers in order to sell and dispose of the suit property with a view to defraud and defeat the plaintiff. The plaintiff apprehends that the defendant no.1 is taking steps to sell and or dispose on the suit property.
It is submitted that grave loss and injury would be caused to the plaintiff in case the interim order as prayed for in this application is not granted and the same cannot be compensated in terms of money.
This application is made bonafide and is in the interests of justice.
The purpose of this application and indeed the plaint, and the ends of justice would be defeated unless ex-parte ad – interim orders as prayed for are issued for injunction.

In the premises, it is most respectfully prayed that this Hon’ble Court may be pleased to:

Issue an ex-parte ad- interim injunction against the defendants restraining and prohibiting the defendants , his agents or representatives from in any manner creating any charge, mortgage, liability, interest or in any manner alienating by sale or otherwise the suit property situate at . AB, West Delhi, Delhi-110043 during the pendency of the said suit , in the interest of justice.

Pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of this case.

Plaintiff/ Applicant

Through

( Avinash N. Sharma )

Advocate

Chamber No. 671, Patiala House Courts,

New Delh-110001. Mob. 8800794128

New Delhi

Dated: .01.2022

IN THE COURT OF THE DISTRICT JUDGE, WEST, TIS HAZARI COURTS, DELHI

Suit No.________of 2022

IN THE MATTER OF:

Mr. Gaurav Joshi …..Plaintiff

VERSUS

Mr. Trilochan Joshi & Ors. ..…Defendants

AFFIDAVIT

I, Gaurav Joshi, aged about 28 years S/o Trilochan Joshi ,R/o. AB, West Delhi, Delhi-110043 do here by solemnly affirm and declare as under:-

That I am the plaintiff in the above said case and am well conversant with the facts and circumstances of the case and am competent to swear this affidavit.
That the contents of accompanying application U/s 39, Rules 1 & 2 read with Section151 , CPC has been drafted by my counsel under my instructions and contents of the same have been explained to me in vernacular and understood by me and the same are not being repeated herein for the same of brevity and may be read as part and parcel of this affidavit.
This is my true and correct statement.