IN THE COURT OF SENIOR CIVIL JUDGE, CENTRAL,

TIS HAZARI COURT, DELHI

CS(SCJ) OF 2022
IN RE:
SUNIL DUTT SHARMA & ANR …….PLAINTIFF
VERSUS
Mohd. Rashid & ORS …….DEFENDANT
INDEX
S.N. PERTICULARS PAGES
1. CONSOLIDATED COURT FEE
2. MEMO OF PARTIES
3. Suit of mandatory and permanent
injunction alongwith Affidavit
4. Application u/O 39 R 1 & 2 read with Sec.
151 of CPC for Grant of Ex Parte ad
interim Injunction alongwith Affidavite
5. List of Documents
6. Valkalatnama

Delhi
Date PLAINTIFF No. 1 & PLAINTIFF No. 2

Through
ASHISH KUMAR PANDEY
Advocate
(Er No. D-1027/2009)
Ch No. 302-A, Civil Wing,
Tis Hazari Court, Delhi-110054
Mobile 9268353569; 9650965899
Email; best.ashish@hotmail.com
 IN THE COURT OF SENIOR CIVIL JUDGE, CENTRAL,
TIS HAZARI COURT, DELHI

CS(SCJ) OF 2022

IN RE:

SUNIL DUTT SHARMA & ANR …….PLAINTIFF

VERSUS

Mohd. Rashid & ORS …….DEFENDANT

MEMO OF PARTIES

1. Sh Sunil Dutt Sharma

S/O Tika Ram,

2. Smt. Babli Sharma

W/O Sh sunil Dutt shama
Both the Resident of:
3430/XI, Gali Maliyan,
Delhi Gate, Delhi-110002

VERSUS

1. MOHD RASHID
R/O 3431/XI, Gali Maliyan,
Delhi Gate, Delhi-110002
 2. North Delhi Municipal Corporation
through its Commissioner, City Zone,
Civic Center, delhi-110002

3. The Station House Officer ,

Police Station: Darya Ganj, Delhi

Delhi
Date PLAINTIFF No. 1 & PLAINTIFF No. 2

Through
ASHISH KUMAR PANDEY
Advocate
(Er No. D-1027/2009)
Ch No. 302-A, Civil Wing,
Tis Hazari Court, Delhi-110054
Mobile 9268353569; 9650965899
Email; best.ashish@hotmail.com
 IN THE COURT OF SENIOR CIVIL JUDGE, CENTRAL,
TIS HAZARI COURT, DELHI

CS(SCJ) OF 2022

IN RE:

1. Sh Sunil Dutt Sharma …..Plaintiff No. 1

S/O Tika Ram,

2. Smt. Babli Sharma …..Plaintiff No. 2

W/O Sh Sunil Dutt shama
Both the Resident of:
3430/XI, Gali Maliyan,
Delhi Gate, Delhi-110002

VERSUS

1. MOHD RASHID ….Defendant No. 1

R/O 3431/XI, Gali Maliyan,
Delhi Gate, Delhi-110002

2. North Delhi Municipal Corporation ….Defendant No. 2

through its Commissioner, City Zone,
Civic Center, delhi-110002

3. The Station House Officer , ….Defendant No. 3

Police Station: Darya Ganj, Delhi
 SUIT FOR PERMANENT AND
MANDOATORY INJUNCTION

Most Respectfully Showeth:

1. That the Plaintiff are the Owner, Resident and in possession of the
House bearing No. 3430/XI, Gali Maliyan, Delhi Gate, Delhi
110002 since long. The Copy of the Ration Card and Electricity Bill
is Annexed herewith as Annexure A(Colly).

2. That the Adjoining property bearing No. 3431/XI, Gali Maliyan,

Delhi Gate, Delhi 110002(alleged Property) is in unauthorized
possession of the Defendant No. 1 since long who used to purport
himself as owner of the alleged Property. The real and actual Owner
of the alleged Property was Mrs. Raj Rani (now deceased).

3. That the During the time of Raj Rani one Chajja /Balcony was
constructed by the Owner in the alleged Property and thereafter
getting possession over the said property by the Defendant No. 1 in
the year 2014, he Started encroaching the Public Land and created
Pillars. The Site Map annexed as Annexure 2 shows the pervious
encroachment as point c & D.

4. That at that time Defendant also tried to construct wall on the wall
of the Plaintiff and also created nuisance and threated the Plaintiff
for their life and limb upon objection.

5. That the Plaintiff No. 2 along with his Brother In Law as Plaintiff
No. 1 made an approach to this Hon’ble Court and filed a suit
 bearing No. 67/2014 for Permanent and mandatory injunction
against the Defendants. The copy of the Plaint is annexed herewith
as Annexure 3.

6. That this Hon’ble court taking Action against the Defendants

directed the Defendant No. 2 to file repost qua the Suit Property on
or before next date of hearing i.e. 03-03-2014 and also restrained
the Defendant No. 1 from raising further Construction. The Copy of
the Order dated 19-02-2014 issued by Shri Deepak Wasan, Ld,
ASCJ (Central) Delhi is annexed herewith as Annexure 4.

7. That the Defendant no. 2, who was ignoring the Complaints of the
Plaintiff, surprisingly became in the motion. The Defendant No. 2
vide Letter dated 27-02-2022 issued to the Defendant No. 3
acknowledged the Unauthorized and Illegal Construction of the
Defendant and requested to take action under section 344(2) of the
MCD Act against the illegal Construction. The copy of the above
said Letter dated 27-02-2022 is annexed herewith as Annexure 5.

8. Thereafter Defendant No. 2 vide Letter dated 27-02-2022 intimated

to the SHO Darya Ganj for its Demolition Program over Suit
Property on 28-02-2014 and requested for deploying Adequate
Force. The copy of the above said Letter dated 27-02-2022 is
annexed herewith as Annexure 6.

9. That the Defendant No. 2 vide Letter dated 28-02-2022 informed to

the Defendant No. 3 about the Demolition of the Illegal
Construction and requested for Ward and Watch of Suit Property
 with request to take necessary action in case of further
encroachment/Illegal and Unauthorized Construction thereupon.
The copy of the above said Letter dated 28-02-2022 is annexed
herewith as Annexure 7.

10. That thereafter the Defendant No. 2 filed it’s Written Statement
before concern Court by stating the action taken by them. The Copy
of the Written Statement filed by the defendant No. 2 is annexed
herewith as Annexure 8.

11. That the Plaintiff thereafter unable to appear before the Concern
court and the matter was dismissed in default. The Copy of the
Order dated 01-05-2018 is annexed herewith as Annexure 9.

12. That the Defendant No. 1 in the month of October 2022 again
started unauthorized and illegal Construction over the suit Property
and this time the Defendant no. 1 is encroaching the entire
Government Land/Public Land/Open Chowk which one was of
Government Land without any Permission/allotment and also trying
to build multiple floor /Apartments to sale out the entire Property to
third Parties. The Site Map of suit
Property is annexed herewith as Annexure 10 showing the
encroachment in Red Color.

13. That the Defendant no also started raising wall over the wall of the
Plaintiff and also raised Pillars taking support in the pillars /Walls
of the Property of the Plaintiff. The Plaintiff raised Objection before
the Defendant No. 1 by referring the previous Orders of the
 Defendant No. 2. Upon such the Defendant tried to abuse the
Plaintiff and said that they have manipulated the official of the
Defendant no. 2 and no one can stop me to construct the building.
(मने सब कुछ मैनेज कर रखा है तुमको जो करना है कर लो. मेरे काम म

टांग अडाई तो अ छा नह ं होगा.)

14. That the Plaintiff again approached to the Civic Authority i.e.
Defendant No. 2 and Police i.e. Defendant No. 3 but no action was
taken since then Copy of the Complaint /Representation made to the
Defendant No. 2 & 3 are annexed herewith as Annexure 11
(Colly).

15. That the Illegal and unauthorized Construction over the

Government Land is still continue by the Defendant No. 1 in
collusion with the Defendant No. 2 despite that fact that the
Defendant No. 2 had previously demolished the Illegal
Constr4uction of the Defendant No. 1 upon the suit property and
also informed to the Defendant No. 3 for watch and Ward of the
suit Property Bearing No. 3431/XI Gali Miyanwali, Delhi Gate,
Delhi.

16. That despite written Complaint to the Defendant No. 2 and 3 the
illegal and unauthorized Construction over the suit property is still
continue by the Defendant No. 1 and the Defendant No. 2 & 3 are
not taking any action upon the Complaint of the Plaintiff.

17. That the official of Defendant No2 under influence of and in

collusion with the Defendant No. 1 threatening the Plaintiff to
 vacate his Property as it is unsafe one and used to show one Noticee
but not handing it to the Plaintiff. The Defendant No. 2 on the last
week also affixed one Noticee at the Premises of the Plaintiff and
after taking snap removed the same. The plaintiff and their children
are feeling unsafe as the Defendant No. 1 has good influence in the
politics and Civic Body.

18. That the Defendant No. 1 is also causing damage in the property of
the Plaintiff by constructing Pillars on the wall of the Plaintiff and
sharing the load of their building upon the premises of the Plaintiff.

19. That the Defendant no. 1 is encroaching the Government land and
doing unauthorized and illegal construction without have sanction
Plan and allotment.

20. That the cause of action arose in favour of the Plaintiff and against
the Defendants when the Defendant 2 demolished the previous
unauthorized construction over the suit property on 28-02-2014 and
issue a latter forward and watch of the Suit Property to the
Defendant No. 3. The cause of action again issued in favour of the
Plaintiff and against the Defendants when the Defendant no. 1 in
the month of October again started constructing the suit property
illegally by encroaching the Government Land /Open Chowk. The
cause of action further arose in favour of the Plaintiff and against
the Defendants when the Defendant No. 1 started raising pillar on
the foundation of the Plaintiff by taking support from the wall of the
Plaintiff’s Premises and cause of action further arose in favour of
the Plaintiff and against the Defendants when the Plaintiff on
 several occasion tried to restrict to the Defendant No. 1 for its
illegal construction over the suit property but the Defendat Ns
ignored. The Cause of Action further arose in favour of the Plaintiff
and against the Defendants on several occasion when the Plaintiff
made Several Complainant and Mobile Call to the Defendant no.2
& 3. The cause of action arose in favour of the Plaintiff and against
the Defendant as the Defendant by taking support of the Waal of the
Plaintiff premises and upon foundation of the Premises The cause
of action still subsists and continues as the Defendant No. 1 is
illegally constructing the suit property by encroaching Government
Land/Open Chowk and taken support and the Defendant no. 2 and 3
are not taking any action against the Defendant No. 1.

21. That the Suit property is situated within the jurisdiction of the
Hon’ble court and this Hon’ble Court have ample jurisdiction to try
and entertain the present Suit.

22. That the adequate Court Fee is affixed with the present Suit

23. That the Suit is within limitation.

Prayer:

In view of aforementioned facts and circumstances this Hon’ble

Court may be please to pass a decree of Permanent Injunction in
favour of the Plaintiffs and against the Defendant by

a. Restraining the defendant no. 1 to from encroaching the

Government Land/Public Land as shown in red Color in the Site
 Map and raising illegal construction over suit premises i.e.
property bearing No. 3431/XI, Gali Maliyan, Delhi Gate, Delhi
110002, Shone in red color outline in site map i.e. Annexure .

b. Direct the Defendant No 2 & 3 to demolish the unauthorized &

illegal construction upon the suit Property and remove the
encroachment from Public Land.

c. Pass any other order deem fit and proper in the interest of Justice
to protect the right of the

It is prayed accordingly.

Delhi
Date PLAINTIFF No. 1 & PLAINTIFF No. 2

Through
ASHISH KUMAR PANDEY
Advocate
(Er No. D-1027/2009)
Ch No. 302-A, Civil Wing,
Tis Hazari Court, Delhi-110054
Mobile 9268353569; 9650965899
Email; best.ashish@hotmail.com

Verification
Verified at Delhi on this day of October 2022 that the that the
contents of para no.1 to 19 of the plaint are true and correct to my
knowledge and also information based on the records of the plaintiff
firm maintained during the course of its business and believed to be
correct while the contents of paras 20 to 23 are correct on the basis of
information and legal advice received and believed to be correct. Last
paragraphs relate to the relief claimed.

Plaintiff No. 1 & Plaintiff No. 2

 IN THE COURT OF SENIOR CIVIL JUDGE, CENTRAL,
TIS HAZARI COURT, DELHI

CS(SCJ) OF 2022

IN RE:

SUNIL DUTT SHARMA & ANR …….PLAINTIFF

VERSUS

Mohd. Rashid & ORS ….DEFENDANT

AFFIDAVIT

I, Sunil Dutt Sharma, S/o Late Shri Tiak Ram, aged about 54 years
R/O 3430/XI, Gali Maliyan, Delhi Gate, Delhi 110002 do hereby
solemnly affirm and declare as under :-

1. That I am the Plaintiff No. 1 in the above mentioned case and

familiar with facts and circumstances of the instant case and
therefore competent to swear the present affidavit.

2. That the accompanying Suit for permanent and Mandatory

Injunction has been drafted under joint instruction of me and my
companion Plaintiff No. 2 through my counsel and the contents
of the same be read as part and parcel of this Affidavit and same
is not repeated herein for sake of brevity

3. That the content of this affidavit and Plain is read over to me in my

vernaculars and the content of the Plaint and same are true and
correct to the best of my knowledge.
 DEPONENT

VERIFICATION:

Verified at New Delhi on this day of December, 2022 that

the contents of the above said affidavit are true and correct to
the best of my knowledge, no part of it is false and nothing
material has been concealed there from.

DEPONENT
 IN THE COURT OF SENIOR CIVIL JUDGE, CENTRAL,
TIS HAZARI COURT, DELHI

CS(SCJ) OF 2022

IN RE:

SUNIL DUTT SHARMA & ANR …….PLAINTIFF

VERSUS

Mohd. Rashid & ORS …….DEFENDANT

AFFIDAVIT

I, Babli Sharma W/O Sunil Dutt Sharma, aged about years R/O
3430/XI, Gali Maliyan, Delhi Gate, Delhi 110002 do hereby solemnly
affirm and declare as under :-

1. That I am the Plaintiff No. 1 in the above mentioned case and

familiar with facts and circumstances of the instant case and
therefore competent to swear the present affidavit.

2. That the accompanying Suit for permanent and Mandatory

Injunction has been drafted under joint instruction of me and my
companion Plaintiff No. 2 through my counsel and the contents
of the same be read as part and parcel of this Affidavit and same
is not repeated herein for sake of brevity

3. That the content of this affidavit and Plain is read over to me in my

vernaculars and the content of the Plaint and same are true and
correct to the best of my knowledge.
 DEPONENT

VERIFICATION:

Verified at New Delhi on this day of December, 2022 that

the contents of the above said affidavit are true and correct to
the best of my knowledge, no part of it is false and nothing
material has been concealed there from.

DEPONENT
 IN THE COURT OF SENIOR CIVIL JUDGE, CENTRAL,
TIS HAZARI COURT, DELHI

CS(SCJ) OF 2022

IN RE:

SUNIL DUTT SHARMA & ANR …….PLAINTIFF

VERSUS

Mohd. Rashid & ORS …….DEFENDANT

APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH

SECTION 151 CPC FOR GRANT OF EX-PARTE AD INTERIM
INJUNCTION

Most Respectfully Showeth:

1. That the present Application for ex-party interim injunction is

being filed by the Plaintiff along with the accompanying suit for
Permanent and Mandatory Injunction. the contents of the plain
may be read as part of his application and same is not reiterated
herein for sake of brevity

2. That the Plaintiff has good and prima-facie case in his favor as
the Defendant No. 1 is illegally constructing the suit property by
encroaching the Public Land and also defacing the Property of
the Plaintiff.
3. That the Defendant No. 1 is raising illegal and unauthorized
construction over the Suit property by encroaching Government/
Public Land and also creating disturbance upon the premises of
the Plaintiff and creating wall upon the wall of the Plaintiff.

4. That the Defendant No. 2 & 3 is not taking any action against the
Defendant no. 1 despite the fact the entire illegal act of the
defendant No. 1 is in knowledge of the Defendant No. 2 & 3. The
plaintiff also made several Complaints before the Defendant No.
2 & 4 in writing but the Defendant no. 2 & 3 are in influence of
the Defendant No. 1 and taking No action.

5. That the Illegal Construction is going on and the Plaintiff will

suffer irreparable loss and injury which cannot be compensated
in terms of the money or otherwise if the Defendant No. 1
succeeded to complete the Construction.

6. That the balance off convenience lies in favor of the Plaintiff

and against the Defendants.

Prayer

In view of aforementioned facts and Circumstances this Hon’ble

Court may be pleased to pass ex-parte ad-interim Order by
restraining the Defendant No. 1 to make further illegal
construction till the Disposals of the Suit and Direct the
Defendant No. 1 to stop encroaching the Public Land/
Government Land as shown in Red Color in the Site Map i.e.
Annexure .
Delhi
Date PLAINTIFF No. 1 & PLAINTIFF No. 2

Through
ASHISH KUMAR PANDEY
Advocate
(Er No. D-1027/2009)
Ch No. 302-A, Civil Wing,
Tis Hazari Court, Delhi-110054
Mobile 9268353569; 9650965899
Email; best.ashish@hotmail.com
 IN THE COURT OF SENIOR CIVIL JUDGE, CENTRAL,
TIS HAZARI COURT, DELHI

CS(SCJ) OF 2022

IN RE:

SUNIL DUTT SHARMA & ANR …….PLAINTIFF

VERSUS

Mohd. Rashid & ORS …….DEFENDANT

AFFIDAVIT

I, Sunil Dutt Sharma, S/o Late Shri Tiak Ram, aged about 54 years
R/O 3430/XI, Gali Maliyan, Delhi Gate, Delhi 110002 do hereby
solemnly affirm and declare as under :-

4. That I am the Plaintiff No. 1 in the above mentioned case and

familiar with facts and circumstances of the instant case and
therefore competent to swear the present affidavit.

5. That the accompanying Suit for permanent and Mandatory

Injunction has been drafted under joint instruction of me and my
companion Plaintiff No. 2 through my counsel and the contents
of the same be read as part and parcel of this Affidavit and same
is not repeated herein for sake of brevity

6. That the content of this affidavit and Plain is read over to me in my

vernaculars and the content of the Plaint and same are true and
correct to the best of my knowledge.
 DEPONENT

VERIFICATION:

Verified at New Delhi on this day of December, 2022 that

the contents of the above said affidavit are true and correct to
the best of my knowledge, no part of it is false and nothing
material has been concealed there from.

DEPONENT
 IN THE COURT OF SENIOR CIVIL JUDGE, CENTRAL,
TIS HAZARI COURT, DELHI

CS(SCJ) OF 2022

IN RE:

SUNIL DUTT SHARMA & ANR …….PLAINTIFF

VERSUS

Mohd. Rashid & ORS …….DEFENDANT

AFFIDAVIT

I, Babli Sharma W/O Sunil Dutt Sharma, aged about years R/O
3430/XI, Gali Maliyan, Delhi Gate, Delhi 110002 do hereby solemnly
affirm and declare as under :-

4. That I am the Plaintiff No. 1 in the above mentioned case and

familiar with facts and circumstances of the instant case and
therefore competent to swear the present affidavit.

5. That the accompanying Suit for permanent and Mandatory

Injunction has been drafted under joint instruction of me and my
companion Plaintiff No. 2 through my counsel and the contents
of the same be read as part and parcel of this Affidavit and same
is not repeated herein for sake of brevity

6. That the content of this affidavit and Plain is read over to me in my

vernaculars and the content of the Plaint and same are true and
correct to the best of my knowledge.
 DEPONENT

VERIFICATION:

Verified at New Delhi on this day of December, 2022 that

the contents of the above said affidavit are true and correct to
the best of my knowledge, no part of it is false and nothing
material has been concealed there from.

DEPONENT
 IN THE COURT OF SENIOR CIVIL JUDGE, CENTRAL,
TIS HAZARI COURT, DELHI
CS(SCJ) OF 2022
IN RE:
SUNIL DUTT SHARMA & ANR …….PLAINTIFF
VERSUS
Mohd. Rashid & ORS …….DEFENDANT
List of Dopcuments
S.N. PERTICULARS PAGES

1.

2.

3.

4.

5.

6.

7.

8.

9.

Delhi
Date PLAINTIFF No. 1 & PLAINTIFF No. 2

Through
ASHISH KUMAR PANDEY
Advocate