BEFORE THE HON’BLE HIGH COURT OF DELHI
AT NEW DELHI
I.A.
IN
CS(OS) No.47/2019
IN THE MATTER OF:
PARISHOT GARG
…
PLAINTIFF
VS.
DEEPAK GARG & ANR
...DEFEN
DANTS
INDEX
SR. NO. PARTICULARS PAGE NOS.
1. Urgent Application
2. Notice of Motion
3. Application for
vacating the stay order
along with Affidavit
4. List of Documents
along with supporting
documents
5. Affidavit of Service
New Delhi Applicants
Date
Through
Advocate
Rashmi Singh
Note: It is hereby informed that all the non-Applicant that are Plaintiff,
Defendant No.1 and Defendant No.2 through their Advocate has been
served this Application vide Email dated ______
BEFORE THE HON’BLE HIGH COURT OF DELHI
AT NEW DELHI
I.A.
IN
CS(OS) No.47/2019
IN THE MATTER OF:
PARISHOT GARG
…PLAINTIFF
VS.
DEEPAK GARG & ANR
.
..DEFENDANTS
URGENT APPLICATION
To,
The Registrar
Delhi High Court
Sher Shah Suri Marg,
New Delhi
Kindly treat the accompanying Application as a fresh and urgent
one and kindly list the same before the Hon’ble Court on 09-10-
2023.
New Delhi Applicants
Date
Through
Rashmi Singh
Advocate
BEFORE THE HON’BLE HIGH COURT OF DELHI
AT NEW DELHI
I.A.
IN
CS(OS) No.47/2019
IN THE MATTER OF:
PARISHOT GARG
…PLAINTIFF
VS.
DEEPAK GARG & ANR
.
..DEFENDANTS
NOTICE OF MOTION
Take notice that the accompanying Application will be listed
before Hon’ble Court on 09-10-2023 at 10:30 or so soon
thereafter as may be convenient to the Court.
New Delhi Applicants
Date
Through
Rashmi Singh
Advocate for Applicants
Juris Source
37, Ground Floor Site-II, Vikaspuri
Mob:8368980930
jurissource@gmail.com
BEFORE THE HON’BLE HIGH COURT OF DELHI
AT NEW DELHI
I.A.
IN
CS(OS) No.47/2019
IN THE MATTER OF:
PARISHOT GARG
…PLAINTIFF
VS.
DEEPAK GARG &ANR
.
..DEFENDANTS
APPLICATION UNDER ORDER 39 RULE 4 C.P.C R/W
SEC 151 CPC FOR VACATION OF STAY ORDER DATED
29-01-2019 AND 13-05-2019.
Respectfully Showeth:
1. That the aforementioned suit is pending adjudication before
this Honourable Court.
2. That the titled suit has been filed by the Plaintiff for Decree of
Partition dividing the properties (i) AG-1/176-C, Vikaspuri, New
Delhi-110018 (ii) AG-1/94-B, Vikaspuri, New Delhi-110018 and
(iii) A-5, Vikaspuri, New Delhi-110018 in three equal shares
between the plaintiff and the defendant 1 and 2.
3. That the applicants herein are resident and bonafide owner of
AG-1/94-B, Vikaspuri, New Delhi-110018, the scheduled
property in the present partition suit.
4. That this Hon’ble Court by order dated 09-08-2023 have
impleaded applicants as party in the suit as defendant no.3 and 4.
4. That the defendant no.3 and 4 are the bonafide owner of AG-
1/94-B, by order dated 13-05-2019 they were restrained from
selling, alienating or transferring possession of the suit property
House No.AG-1, 94/B First Floor, Vikaspuri, New Delhi, till
further orders. The said order was passed without the knowledge
of defendants.
5. That the stay order passed without giving opportunity of
hearing to defendants argument and without considering the
merits of the case. The stay order is causing irreparable harm and
injustice, as it prevents defendants no. 3 and 4 from pursuing
their lawful rights.
6. The stay order is also contrary to the principles of natural
justice and fair play, as it gives undue advantage to the plaintiff
who has no valid grounds.
7.The Applicants humbly seeks leave of this Hon’ble Court to
kindly vacate the stay order passed for House No.AG-1, 94/B
First Floor, Vikaspuri, New Delhi for the facts and ground stated
below:
BRIEF FACTS AND GROUNDS
i. That the Applicants were looking for a property in
Vikaspuri Area for residential purposes and approached to
a local property dealer of the said area Mr. Sanjay Kumar
who has shown Flat No.-94 B, AG-1, First Floor,
Vikaspuri, New Delhi which belongs to Mr. Deepak Garg
that is Defendant No.1.
ii. That the Defendant No.1 has informed the Applicants that
he is the sole and exclusive owner of the said property.
That he further stated that the said property has been
converted from lease hold to Freehold in the policy
formulated by the President of India/Delhi Development
Authority in his own name by virtue of conveyance Deed
duly registered as document No. 2048 in Book I, volume
No. 5440 on pages 63 to 65 on 03/02/2015 in the office of
Sub Registrar-VII INA, New Delhi-110023.
iii. That the Applicants has verified the original conveyance
deed with respect to the said property and as per the
records available with the Delhi Development Authority
the said property i.e. 94-B/AG-1 Block Vikaspuri, New
Delhi was allotted by Delhi Development Authority to one,
Shi Jyoti Bhusan Babbar in the year 1986 under the
scheme of Delhi Development Authority on 25/09/1986.
That further on 06/02/1996, Sh. Jyoti Bhusan Babbar
executed a General Power of Attorney and Agreement to
sell and transfer all the rights, title of the said property in
favour of Wg. Cdr. C.K. Lowe. That on 19/02/2001, Wg.
Cdr. CSK. Lowe executed a General Power of Attorney
and Agreement to sell and transfer all the rights, title of the
said property in favour of Sh. Deepak Garg that is
Defendant No. 1 herein.
The copy of chain of documents is annexed as Annexure 1.
iv. It is respectfully submitted that the property in question i.e
Flat No.-94 B, AG-1, First Floor, Vikaspuri, New Delhi is
a self-acquired property of Defendant No.1 as per the due
diligence and verification of documents and all the
ownership rights, title, possession with the respect to said
property was solely vest with Defendant No.1. It is a
admitted case of the plaintiff that the Defendant No.1 was
in the sole, exclusive and in peaceful possession of the said
property even before the death of his father and plaintiff
herein has never claimed any rights over the said property
during the life time of his deceased parents.
v. Thereupon, in the month of April, 2019 the Applicants
have approached to Axis Bank branch at Janakpuri, New
Delhi for Home Loan to purchase the said property in
question. Thereafter, on 30 /04/2019, the Axis Bank, after
verifying the title Documents of the said property,
sanctioned and disbursed Home Loan of Rs.5118864/-(Rs.
Fifty-One Lakhs Eighteen Thousands Eight Hundred Sixty
Four Only) for a total tenure of 240 months.
The copy of sanctioned loan documents is Annexed as
Annexure 2.
vi. That on 02/05/2019, the Applicants, Defendant No. 1 and
authorised representative of Axis Bank appeared before
Sub registrar 11B, Janakpuri, for registration of Sale Deed
of the said property in favour of Applicants herein. That
the Applicants purchased the said property from Mr.
Deepak Garg (defendant No. 1) vide Sale deed dated
02/05/2019 for a total consideration of Rs.54,00,000/-
(Rupees Fifty-Four Lacs Only) which was duly registered
before Sub registrar 11B, Janakpuri, Delhi vide registration
No. 9395 in Book No. I Vol No. 4,320 on page 138 to 145
on 02/05/2019. That the Applicants have also taken the
vacant and peaceful possession of the said property and
shifted in the said property from their tenanted house.
vii. It is also a matter of fact that Applicants are regularly
paying the Equated monthly loan instalments (EMI’s)
against the said Home Loan. It is further stated that Axis
Bank has sanctioned home loan to Applicants by
mortgaging the said property and after due diligence and
verifying the title of the said property. That the original
conveyance deed and other title documents with respect to
the said property are in custody of Axis Bank, Janakpuri
(Home Loan) Branch.
viii. That the said property is free from all encumbrances and
the Applicants are bonafide purchaser of the said property
and purchased the said property after its due diligence with
full consideration and without having the knowledge of the
pendency of the suit.
ix. That Defendants were shocked to receive notice from court
in the month of August 2019 when they started living at
the said property. That the defendant no. 3&4 discussed
the same with defendant no. 1 and he assured that the it is
family and will be settled. But even after two years the
matter was not settled. That the defendant no. 3&4 then
finally filed an application for impleadment and by order
dated 09-08-2023 the applicants have been impleaded as
party in the suit as defendant no.3 and 4.
x. That the father of Defendant no. 1 purchased the property
in favour of Defendant No.1, it is not a case that the
acquisition has been made by the Defendant No.1, but it is
a case that his father has purchased the property in his
name so as to clothe the ownership of the same upon him
in order to benefit him alone. As the said property was
purchased by father of Defendant No.1 from his personal
income source and not from family fund thus it is not a
family property. That the property was purchased in favour
of and for the benefit Defendant No.1 alone with the title,
thus not intended to be family property.
Thus, the said property comes under the purview of self-
acquired property of defendant no.1 Therefore, the
transaction between defendant no.1 and defendant no.3
and 4 is valid.
xi. That in light of the above case the plaintiff doesn’t have
prima facie case in his favour. That further plaintiff has
misled the court by incorporating Flat No. 94-B, AG- 1
Block as family property despite it being self acquired
property of defendant no. 1. And that the stay order if not
set aside will be cause prejudice to defendant no.3 and 4.
xii. That the said order of stay was passed without any
justification and without any notice to defendants thus is
against natural justice and is causing irreparable harm to
the Applicants. That the Applicants has a prima facie case
in his/her favour and that the balance of convenience lies
in favour of the Applicants.
PRAYER
In the light of the above, the Applicant prays that this
Hon'ble Court may be pleased to:
a) Set aside/Vacate the stay order dated 29.01.2019 and
13.05.2019 with respect to Flat No.-94 B, AG-1, First
Floor, Vikaspuri, New Delhi, and
b) Pass such other order or orders as may be deemed fit and
proper in the facts and circumstances of the instant case.
New Delhi Applicants
Date
Through
Rashmi Singh
Advocate
BEFORE THE HON’BLE HIGH COURT OF DELHI
AT NEW DELHI
I.A.
IN
CS(OS) No.47/2019
IN THE MATTER OF:
PARISHOT GARG
…PLAINTIFF
VS.
DEEPAK GARG &ANR
.
..DEFENDANTS
AFFIDAVIT
I, Ashok Singh, R/o Flat No. 94 -B, AG-1 Block Vikaspuri, New
Delhi-110018 do hereby solemnly affirm and declare as under :-
1. That the Deponent is the Applicant in the above
Application and is fully conversant with the facts and
circumstances of this case, hence competent to swear this
affidavit.
2. That the contents of accompanying Application has been
drafted and filed under my instruction by our counsel. The
same is read over to me in its vernacular and I have
understood the same to be true and correct to the best of
my knowledge.
3. That the Deponent has not filed any other similar
Application seeking similar relief, either before this
Hon’ble court or before or any other Court.
DEPONENT
VERIFICATION:
Verified at Delhi on this day of October 2023 that the
contents of the above affidavit are true and correct to the best of
my knowledge and nothing material has been concealed
therefrom.
DEPONENT
BEFORE THE HON’BLE HIGH COURT OF DELHI
AT NEW DELHI
I.A.
IN
CS(OS) No.47/2019
IN THE MATTER OF:
PARISHOT GARG
…PLAINTIFF
VS.
DEEPAK GARG &ANR
.
..DEFENDANTS
AFFIDAVIT
I, Kavita Singh W/o Mr. Ashok Singh, R/o Flat No. 94- B, AG-1
Block, Vikaspuri, New Delhi-110018, do hereby solemnly affirm
and declare as under :-
4. That the Deponent is the Applicant in the above noted case
and is fully conversant with the facts and circumstances of
this case, hence competent to swear this affidavit.
5. That the contents of accompanying Application has been
drafted and filed under my instruction by our counsel. The
same is read over to me in its vernacular and I have
understood the same to be true and correct to the best of
my knowledge.
6. That the Deponent has not filled any other similar petition
seeking similar relief, either before this Hon’ble court or
any other Court.
DEPONENT
VERIFICATION:
Verified at Delhi on this day of October 2023 that the
contents of the above affidavit are true and correct to the best of
my knowledge and nothing material has been concealed
therefrom.
DEPONENT
BEFORE THE HON’BLE HIGH COURT OF DELHI
AT NEW DELHI
I.A.
IN
CS(OS) No.47/2019
IN THE MATTER OF:
PARISHOT GARG
…PLAINTIFF
VS.
DEEPAK GARG &ANR
.
..DEFENDANTS
LIST OF DOCUMENTS
SR.NO Documents Page No
1. Copy of Chain of
owner to the Said
property
2. Copy of sanctioned
Loan Documents
3. Digital Copies of
order dated
29.01.2019,
13.05.2019 and
09.08.2023
