IN THE HON’BLE COURT OF DISTRICT JUDGE,
NORTH-WEST, ROHINI COURTS, DELHI
CIVIL SUIT NO. /2023
IN THE MATTER OF:
SH. AMIT KAPOOR
…..PLAINTIFF
VERSUS
MS. MONICA KAPOOR ….DEFENDANT
INDEX
SR.NO PARTICULARS PAGE C.
. FEE
1. MEMO OF PARTIES
2. SUIT FOR DECLARATION
AND PERMANENT
INJUNCTION ALONG WITH
ITS SUPPORTING AFFIDAVIT.
3. APPLICATION UNDER
ORDER 39 RULE 1 & 2
ALONG WITH ITS
SUPPORTING AFFIDAVIT.
4. LIST OF DOCUMENTS
ALONG WITH DOCUMENTS.
5. VAKALATNAMA.
Delhi
Dated.23/05/2023
Filed by Counsel
Naveen Kumar & Associates
Chamber No:- 69, W-wing,
Tis Hazari,110054
Mob. No. -9873308463
E-mail I’d – naveendesaiwal735@gmail.com
IN THE HON’BLE COURT OF DISTRICT JUDGE,
NORTH-WEST, ROHINI COURTS, DELHI
CIVIL SUIT NO. /2023
IN THE MATTER OF:
SH. AMIT KAPOOR
…..PLAINTIF
VERSUS
MS. MONICA KAPOOR ….DEFENDANT
COURT FEE
IN THE HON’BLE COURT OF DISTRICT JUDGE,
NORTH-WEST, ROHINI COURTS, DELHI
CIVIL SUIT NO. /2023
IN THE MATTER OF:
SH. AMIT KAPOOR
….PLAINTIFF
VERSUS
MS. MONICA KAPOOR
....DEFENDANT
MEMO OF PARTIES
SH. AMIT KAPOOR
S/O LATE SH. HARISH CHANDER KAPOOR
R/O FLAT NO. 203, SAVERA APPARTEMENT
ROHINI, SECTOR -13, DELHI .…
PLAINTIFF
VERSUS
MS. MONICA KAPOOR
W/o Late Sh. ATUL KAPOOR
R/O FLAT NO. 203
SAVERA APARTMENT
ROHINI, SECTOR -13
DELHI -110085
….DEFENDANT
PLAINTIFF
Delhi
Dated.23/05/2023
THROUGH Counsel
Naveen Kumar & Associates
Chamber No:- 69, W-wing,
Tis Hazari,110054
Mob. No. -9873308463
E-mail I’d – naveendesaiwal735@gmail.com
IN THE HON’BLE COURT OF DISTRICT JUDGE,
NORTH-WEST, ROHINI COURTS, DELHI
CIVIL SUIT NO. /2023
IN THE MATTER OF:
SH. AMIT KAPOOR
S/O LATE SH. HARISH CHANDER KAPOOR
R/O FLAT NO. 203, SAVERA APPARTEMENT
ROHINI, SECTOR -13, DELHI
….PLAINTIFF
VERSUS
MS. MONICA KAPOOR
W/o Late Sh. ATUL KAPOOR
R/O FLAT NO.203
SAVERA APARTMENT
ROHINI, SECTOR -13
DELHI -110085 ….DEFENDANT
SUIT FOR DECLARATION AND PERMANENT
INJUNCTION ON BEHALF OF PLAINTIFF
NAMELY SH. AMIT KAPOOR.
MOST RESPECTFULLY SHOWETH:
1. That the plaintiff is law abiding and
peace-loving citizen and residing at the
above said address.
2. That the present suit is being filed by the
plaintiff in respect of the built-up properties i.e.
A. Shop No.316 on Ground Floor and First
Floor area measuring 30 Sq.Yds., Naya
Katra Chandni Chowk, Delhi.
B. Shop No.349, First Floor size
8'x15', Naya Katra Chandni
Chowk, Delhi.
C. DDA LIG Flat No. QU-6B, on First
Floor, Pitampura, Delhi.
D. Plot No.242, Block and Pkt. A-3, Sec.36,
Rohini, Delhi. (Herein after called as suit
property).
3. That the defendant is sister-in-law
(Bhabhi) of the plaintiff and are living
separately on their respective above
mentioned address.
4. That Late Sh. harish Chander Kapoor
and Late Smt. Anita Kapoor have only
two sons namely Late Sh. Atul Kapoor
and Sh. Amit Kapoor and no other legal
heir of Late Sh. Harish Chander Kapoor
and Late Smt. Anita Kapor. one of the
sons namely Late Sh. Atul Kapoor
husband of the defendant has died on
dated 23/04/2021. copy of the death
certificate is annexed herewith as an
Annexure-P/3.
5. That the plaintiff and defendant settled
all the properties which are mentioned
in the memorandum of
understanding of family settlement
dated 31/Aug/2022 for their respective
rights and claims and to get the clear
title in regard to the properties taken
over by them and to avoid any future
confrontation or unpleasantness
between the parties. Copy of the
memorandum of understanding of family
settlement dated 31/Aug/2022 is
annexed herewith as an Annexure-P/4.
6. That the plaintiff is regularly paying the
Tax/ Lease money and any other dues,
demand that may be demanded by the
Government Authorities or any other
local bodies, departments, boards etc.
meant for electricity and water house
etc of the said property.
7. That in these circumstances, the plaintiff has
been in continuous and uninterrupted
possession of the suit properties.
8. That despite the above detailed facts, the
defendants are trying to disposes the plaintiff
forcefully and illegally without due partition of
the suit property. It is pertinent to mention here
that in the month of January 2023, the
defendants along-with one property dealer have
visited at the suit property bearing No. Plot
No.242, Block and Pkt. A-3, Sec.36, Rohini,
Delhi and have extended threats to the plaintiff
and threat that the defendant will take forceful
possession over one of the suit property from
the plaintiff.
9. That the defendant has already filed a suit under
section 8 of Hindu Minorites and Guardianship
Act for permission to sale the property of her
two sons namely Dhariya Kapoor and Samar
Kapoor of their respective rights vide suit
bearing No. GP 2/2023 before the Hon’ble
court of Guardian Judge, Rohini Court, Delhi.
10. That the cause of action arose when the suit
property was purchased with the joint funds of
father of the plaintiff. The cause of action arises
when the both plaintiff and the defendant has
executed MOU dated 31/Aug/2022 about
partitioned of the suit properties. The cause of
action again arose in the month of January 2023
when the defendant visited along with the one
property dealer at the suit property bearing No.
Plot No.242, Block and Pkt. A-3, Sec.36,
Rohini, Delhi and the defendants extended
threats to dispossess the plaintiff from the suit
property. The cause of action still continuing
and subsisting one.
11. That the plaintiff is left with no other equally
officious remedy other than by way of filing the
present suit for declaration and permanent
injunction.
12. That the market value of the suit property is
about Rs.1,47,000,00/-.
13. That the value of the suit for the
purpose of pecuniary as well as for the
purpose of paying the court fee for the
relief of Declaration is assessed at
Rs.200/- and for the relief of permanent
injunction it has been assessed at Rs.
130/-, the requisite court has also been
paid on the said relieves also.
14. That the suit property situated within the
territorial jurisdiction of this Hon’ble Court,
hence the Hon’ble Court has jurisdiction to try
entertain & decided the present suit for
declaration and permanent injunction.
PRAYER:
It is therefore respectfully prayed that this Hon’ble
Court may be pleased to:
i. Pass a decree of declaration, thereby the
declaring the plaintiff owner in possession of
the suit property measuring
A. Shop No.316 on Ground Floor and First Floor
area measuring 30 Sq.Yds., Naya Katra Chandni
Chowk, Delhi.
B. Shop No.349, First Floor size 8'x15',
Naya Katra Chandni Chowk, Delhi.
C. DDA LIG Flat No. QU-6B, on First Floor,
Pitampura, Delhi.
D. Plot No.242, Block and Pkt. A-3, Sec.36, Rohini,
Delhi.
ii. Pass a decree of permanent injunction in favor
of the plaintiff and against the defendants,
agents, attorney, Assigns, etc. not to
dispossess the plaintiff from suit property
mentioned in para (i) of the prayer and not to
disposed of the suit properties in any manner.
iii. Award costs of the suit in favor of the plaintiff
and against the defendants.
iv. Cost of the suit may also be awarded in favor
of the plaintiff and against the defendants.
Delhi Plaintiff
Dated.23/05/2023
THROUGH
Counsel
Naveen Kumar & Associates
Chamber No:- 69, W-wing,
Tis Hazari,110054
Mob. No. -9873308463
E-mail I’d – naveendesaiwal735@gmail.com
VERIFICATION:
Verified at Delhi on day of May 2023 that the
contents of the above suit containing Para no.: 1 to
11 are true and correct on the basis of the legal
advice received and those of Para no.12 to 14 are
believed to be true and correct to the best of my
knowledge and belief, no part of its is false and
nothing material has been concealed therefrom.
The Last Para is a prayer to this Hon’ble Court.
PLAINTIFF
IN THE HON’BLE COURT OF DISTRICT JUDGE,
NORTH-WEST, ROHINI COURTS, DELHI
CIVIL SUIT NO. /2023
IN THE MATTER OF:
SH. AMIT KAPOOR
….PLAINTIFF
VERSUS
MS. MONICA KAPOOR
….DEFENDANT
AFFIDAVIT
I, AMIT KAPOOR S/O LATE SH. HARISH
CHANDER KAPOOR, AGE ABOUT 41 YEARS, R/O
FLAT NO. 203, SAVERA APPARTEMENT ROHINI,
SECTOR -13, DELHI, DOHEREBY SOLEMNLY AFFIRM
AND DECLARE AS UNDER:-
1. That I am the plaintiff in the present case
and am well conversant with the facts and
circumstances of the present matter and
hence competent to swear this affidavit.
2. That accompanying Suit for declaration and
permanent injunction has been drafted by my
counsel upon my instructions and the
contents of the same are read over to me in
vernacular language and the contents of the
same are true and correct to my knowledge
which are not being repeated herein for the
sake of brevity.
DEPONENT
Verification:-
Verified on this on day of May 2023 that the
contents of the above affidavit are true and correct
to the best of my knowledge and belief.
DEPONENT
IN THE HON’BLE COURT OF DISTRICT JUDGE,
NORTH-WEST, ROHINI COURTS, DELHI
CIVIL SUIT NO. /2023
IN THE MATTER OF:
SH. AMIT KAPOOR ….PLAINTIFF
VERSUS
MS. MONICA KAPOOR ….DEFENDANT
APPLICATION UNDER ORDER 39 RULE 1
AND 2 READ WITH SECTION 151 CPC FOR
GRANT OF EX-PARTE AD-INTERIM
INJUNCTIO.
MOST RESPECTFULLY SHOWETH:
1. That the applicant/plaintiff has filed the
accompanying suit for declaration and
permanent injunction before this Hon’ble Court
for adjudication, the contents of the same may be
read as part and parcel of this application as the
same are not repeated herein for the sake of
brevity.
2. That the plaintiff/applicant has a good prima
facie case and the balance of convenience also
lies in favour of the applicant/plaintiff and
against the defendant.
3. That irreparable loss and injury shall be
caused to the plaintiff/applicant in case the
defendant created third party interest in the
suit property.
4. That the balance of the convenience also lies
in favor of the plaintiff and against the
defendants.
5. That it is an urgent matter and the plaintiff is
entitled to get ex-parte ad-interim injunction
and in case the same is not granted in that
eventuality the purpose of the suit and
application shall be defeated.
PRAYER:
It is therefore respectfully prayed before this
Hon’ble Court may be pleased to pass an interim
injunction in favour of the plaintiff and against the
defendant and her agents, attorney, Assigns, etc.
not to dispossess the plaintiff from suit and not to
disposed of the suit properties and not to create
any third party interest of the suit properties i.e. -in
any manner, till the final disposal of the present
suit.
Any other order which this Hon’ble Court may
deems fit and proper be passed in view of the facts
and circumstances narrated in the application and
in the suit, in the interest of justice.
PLAINTIFF
Delhi
Dated.23/05/2023
THROUGH
Counsel
Naveen Kumar & Associates
Chamber No:- 69, W-wing,
Tis Hazari,110054
Mob. No. -9873308463
E-mail I’d – naveendesaiwal735@gmail.com
IN THE HON’BLE COURT OF DISTRICT JUDGE,
NORTH-WEST, ROHINI COURTS, DELHI
CIVIL SUIT NO. /2023
IN THE MATTER OF:
SH. AMIT KAPOOR
….PLAINTIFF
VERSUS
MS. MONICA KAPOOR
….DEFENDANT
AFFIDAVIT
I, SH AMIT KAPOOR S/O LATE SH. HARISH
CHANDER KAPOOR, AGE ABOUT 41 YEARS, R/O
FLAT NO. 203, SAVERA APPARTEMENT ROHINI,
SECTOR -13, DELHI, DOHEREBY SOLEMNLY AFFIRM
AND DECLARE AS UNDER:-
1. That I am the plaintiff in the present case
and am well conversant with the facts and
circumstances of the present matter and
hence competent to swear this affidavit.
2. That accompanying application under order
39 rule 1 and 2 read with section 151 CPC
has been drafted by my counsel upon my
instructions and the contents of the same
are read over to me in vernacular language
and the contents of the same are true and
correct to my knowledge which are not
being repeated herein for the sake of
brevity.
DEPONENT
Verification:-
Verified on this on day of May 2023 that the
contents of the above affidavit are true and correct
to the best of my knowledge and belief.
DEPONENT
IN THE HON’BLE COURT OF DISTRICT JUDGE,
NORTH-WEST, ROHINI COURTS, DELHI
CIVIL SUIT NO. /2023
IN THE MATTER OF:
SH. AMIT KAPOOR
….PLAINTIFF
VERSUS
MS. MONICA KAPOOR
....DEFENDANT
LIST OF DOCUMENTS
S. Particulars Page No. Annexur
No. es
1. Copy of the Aadhar P/1
card of the plaintiff.
2. Copy of the death
certificate of Late P/2
Sh. harish Chander
Kapoor and Late
Smt. Anita Kapoor
3. Copy of the death
certificate of late P/3
Sh. Atul Kapoor.
(Husband of the
defendant)
4. Copy of the
memorandum of P/4
understanding of
family settlement
dated 31/Aug/2023.
5. Copy of the P/5
property bearing
Shop No. 316
6. Copy of the P/6
property bearing
Shop No. 349
7. Copy of the P/7
property bearing
Flat No. QU6B
8. Copy of the P/8
property bearing
Plot No. 242.
Delhi PLAINTIFF
Dated.23/05/2023
THROUGH
Counsel
Naveen Kumar & Associates
Chamber No:- 69, W-wing,
Tis Hazari,110054
Mob. No. -9873308463
E-mail I’d – naveendesaiwal735@gmail.com
