IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE,

WEST DISTRICT, TIS HAZARI COURTS, DELHI

C.S No. /2024
IN THE MATTER OF:
Jayant & Others …Plaintiffs

Versus
Valmiki Mandir …Defendant

MEMO OF PARTIES.

1. Jayant
S/o Late. Prem Nath
R/o GH-2/74, Ankur Apartment,
Paschim Vihar
Delhi-110063
Mobile-9312393691
2. Rajesh Kumar
S/o Kartar Singh
R/o E-275, J.J. Colony, Madipur,
Paschim Vihar, Delhi-63
Mobile-9711809908
3. Yadukul Bhushan Sharma
S/o Shyam Lal Sharma
R/o 647, Pocket-1,
Paschim Vihar,
Delhi-110063
Mobile-8881322250 …Plaintiffs

Versus

Valmiki Mandir
(Navyug Mohalla Samiti)
Through
Sh. Nand Kishor
S/o Late. Shri Chandgi Ram
R/o Shop no.6
Paschim Vihar Extn.
Madipur
New Delhi-63
Mobile-8383006181 ...Defendant

Delhi Plaintiffs

Dated: Through

HIMANSHU WADHWA
ADVOCATE
Seat No. 02, Near Police Chowki
Tis Hazari Court, Delhi
Mobile No.9818868838
EMAIL: [email protected]
 IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE,
WEST DISTRICT, TIS HAZARI COURTS, DELHI
C.S No. /2024
IN THE MATTER OF:
1. Jayant
S/o Late. Prem Nath
R/o GH-2/74, Ankur Apartment,
Paschim Vihar
Delhi-110063
Mobile-9312393691
2. Rajesh Kumar
S/o Kartar Singh
R/o E-275, J.J. Colony, Madipur,
Paschim Vihar, Delhi-63
Mobile-9711809908
3. Yadukul Bushan Sharma
S/o Shayam Lal Sharma
R/o 647-Pocket-1, Paschim Vihar,
Delhi-110063
Mobile-8881322250 …Plaintiffs

Versus
Valmiki Mandir
(Navyug Mohalla Samiti)
Through
Sh. Nand Kishor
S/o Late. Shri Chandgi Ram
R/o Shop no.6
Paschim Vihar Extn.
Madipur
New Delhi-63
Mobile-8383006181 ...Defendant

P.S: Punjabi Bagh

 SUIT FOR PERMANENT & MANDATORY INJUNCTION.

MOST RESPECTFULLY SHOWETH: -

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

and permanently residing at the abovesaid address and being
aggrieved by the illegal acts of the Defendant, compelled to file
the present suit.
2. That the Plaintiff no.1 and his partner namely Sanjay were
inducted as a tenant in respect of shop no.2 and 3 area measuring
8X12ft each, in year 1995 on security amount of Rs. 50,000/-
under the land lordship of Sh. Chandgi Ram father of defendant
who was acting as a president/administrator/ in charge of ‘Nav
Yuvak Mohalla Samiti” and under his supervision/management
entire Valmiki Mandir, around 11 shops including shop no. 2, 3,
8 & 9 were built up at the land/property area measuring 150 sq.
yards situated at C-Block, J.J. Colony, Madipur, New Delhi-63.
3. That the plaintiff no.2 was inducted as a tenant in respect of
above-mentioned shop no.8 in year 1997 whereas the plaintiff
no.3 was also inducted as a tenant in respect of shop no.9 in year
1999 having each shop area measuring 10X8ft on security
amount of Rs. 40,000/-each under the landlord ship of Late Sh.
Chandgi Ram Father of defendant on the above-mentioned
capacity. The plaintiffs had paid their respective security amount
in cash to Sh. Chandgi Ram at the time of inception of their
tenancy from which sh. Chandgi Ram had invested the said
amount for the construction of said Valmiki Mandir and shops.
 The shop no 2, 3, 8 & 9 built up at the land/property area
measuring 150 sq. yards situated at C-Block, J.J. Colony,
Madipur, New Delhi-63 known as Valmiki Mandir campus,
Madipur, Paschim Vihar, New Delhi 110063 more specifically
shown in red colour in the annexed site plan here in after called
the suit property.
4. That the plaintiff no.1 is running his business of catering at shop
no.2&3, the plaintiff no.2 is also running lathe work at shop no.8
whereas the plaintiff no.3 is running his battery business since
along at the suit property for the purpose of commercial use and
occupation for their livelihood and also paying agreed monthly
fix rent @ Rs.900/- each shop to the defendant after the death of
Said Chandgi Ram regularly in cash. The Plaintiffs are also
donating funds voluntarily for the maintenance of said Valmiki
Mandi time to time as and when deem fit.
5. That the plaintiffs have earlier used to pay agreed fixed rent to
sh. Chandgi Ram since inducted in the suit property and Chandgi
Ram expired in year 2016 thereafter, defendant is managing and
maintaining the entire Valmiki Mandir campus including suit
property. The plaintiffs have paid their respective shop rent to the
defendant till October 2024 and nothing is due upon the plaintiffs
qua the suit property.
6. It is submitted that on dated 06.10.2024 some unknown persons
had gathered into the Valmiki Mandir Campus/suit property with
the instance of defendant a
7. nd asking for handover the management of said Valmiki Mandir
and suit property. The defendant had also on dated 20.10.2024
clearly threatened the plaintiffs to vacate the suit property
 alleging to involve in the agitation held against the defendant qua
the management of Valmiki Mandir in fact plaintiff are not
involve in the maintenance and management disputes with any
person.
8. It is important to mention here that situation become worse for
the battle for supremacy of Valmiki Mandir and suit property
between defendant and his rival due to which the plaintiffs
having apprehension that the defendant, his attorney, associate,
acting on his behalf or claimant of ‘Nav Yuvak Mohalla
Samiti”/ Valmiki Mandir Management or any other person
relating to defendant, may have forcefully take the possession of
suit property from the plaintiff or their agents at any point of time
and create obstruction/ hinderance/nuisance in the enjoyment of
suit property.
9. That the plaintiffs have not filed any similar suit or proceeding
qua the said suit property before any court of law and no such
any efficacious remedy is available except to file the present suit.
10. That the cause of action firstly arose in favour of plaintiffs and
against defendant when the plaintiffs were inducted as a tenant in
the era of 90s in the suit property and have paid the security
amount for to build the Valmiki Mandir as well as suit property
and paying agreed fixed rent @of Rs.900/- each till October
2024.
11. That the cause of action further arose in favour of plaintiffs and
against defendant when the plaintiffs having the suit property for
the purpose of commercial use and occupation for their
livelihood.
12. That the cause of action further arose in favour of plaintiffs and
against defendant on dated 06.10.2024 when some unknown
persons had gathered into the Valmiki Mandir Campus/suit
property with the instance of defendant and asking for handover
the management of said Valmiki Mandir and suit property. The
cause of action further arose when the defendant had on dated
20.10.2024 clearly threatened the plaintiffs to vacate the suit
property alleging to involve in the agitation held against the
defendant qua the management of Valmiki Mandir. The cause of
action further arose when the plaintiffs having the apprehension
that defendant or his associates may forcibly dispossess and
create obstruction/ hinderance/nuisance in the enjoyment of suit
property. The cause of action still continues.
13. That this Hon'ble Court has the territorial jurisdiction to entertain
the present suit as suit property exist at C-Block, J.J. Colony,
Madipur, New Delhi-63 falling in the west district as much as
plaintiffs and defendant are doing business there within the
jurisdiction of this hon’ble court.
14. That the value for the relief of permanent and mandatory
injunction are being assessed of Rs.130/-each for which requisite
court fees of Rs. 13/- each, total a sum of Rs. 26/- has been paid
as such this hon’ble court has pecuniary jurisdiction to entertain
this suit.
15. That the Plaintiff further undertakes to pay deficient court fee if
any as and when required or directed by this Hon'ble Court.
16. That the suit of plaintiffs is within limitation.
PRAYER
 In view of the facts and circumstances, it is, most respectfully
prayed that this Hon'ble Court may kindly be:-
(a) Pass a decree of permanent injunction in favour of the Plaintiffs
and against the Defendant thereby restraining the defendant, his
attorney, associate, acting on his behalf or ‘Nav Yuvak Mohalla
Samiti”/ Valmiki Mandir Management or any other person
relating to defendant from dispossess the plaintiffs from suit
property more specifically shown in the red colour in the site
plan.
(b) Pass a decree of Mandatory injunction in favour of the Plaintiff
and against the Defendant thereby restraining the defendant, his
attorney, associate, acting on his behalf or ‘Nav Yuvak Mohalla
Samiti”/ Valmiki Mandir Management or any other person
relating to defendant from obstruct/hindrance/nuisance and
ingress and egress of the plaintiffs over suit property more
specifically shown in the red colour in the site plan.
(c) Cost of the suit may also be awarded in favour of the Plaintiff.
(d) Pass any other relief which this Hon'ble Court may deem fit and
proper in favour of Plaintiff and against the Defendants, in the
interest of justice.
Delhi Plaintiffs

Dated: Through

HIMANSHU WADHWA
ADVOCATE
Seat No. 02, Near Police Chowki
Tis Hazari Court, Delhi
Mobile No.9818868838
EMAIL: [email protected]
VERIFICATION
 I, the abovenamed Plaintiff, do hereby verify that the
contents of paras No.1 to 8 of the plaints are true to my
knowledge and para No. 9 to 15 are correct and information
received and believed to be true. Last para is the prayer of the
Hon'ble Court.
Verified at Delhi on this ___day of October 2024.

Plaintiffs
 IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE,
WEST DISTRICT, TIS HAZARI COURTS, DELHI
C.S No. /2024
IN THE MATTER OF:
Jayant & Others …Plaintiffs

Versus
Valmiki Mandir …Defendant

AFFIDAVIT
I, Jayant S/o Late. Prem Nath, aged about 50 years R/o GH-2/74,
Ankur Apartment, Paschim Vihar, Delhi-110063, do hereby
solemnly affirm and declare as under:
1. That the deponent is the Plaintiff no.1 in the above noted suit and
well conversant with the facts and circumstances of the case and
also competent to file the present affidavit.
2. That the contents of the accompanying suit have been drafted by
my counsel as per my instructions and the contents of the same
have been duly read over and understood by me in my vernacular
language and same are true and correct.

DEPONENT
VERIFICATION:
Verified at Delhi on ___ of October, 2024 that all the
contents of the above stated affidavit are true and correct to my
knowledge and nothing material has been concealed there from.

DEPONENT
 IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE,
WEST DISTRICT, TIS HAZARI COURTS, DELHI
C.S No. /2024
IN THE MATTER OF:
Jayant & Others …Plaintiffs

Versus
Valmiki Mandir …Defendant
AFFIDAVIT
I, Rajesh Kumar S/o Kartar Singh, aged about 48 years R/o E-
275, J.J. Colony, Madipur, Paschim Vihar, Delhi-63, do hereby
solemnly affirm and declare as under:
1 That the deponent is the Plaintiff no.2 in the above noted suit and
well conversant with the facts and circumstances of the case and
also competent to file the present affidavit.
2. That the contents of the accompanying suit have been drafted by
my counsel as per my instructions and the contents of the same
have been duly read over and understood by me in my vernacular
language and same are true and correct.

DEPONENT
VERIFICATION:
Verified at Delhi on ___ of October, 2024 that all the
contents of the above stated affidavit are true and correct to my
knowledge and nothing material has been concealed there from.

DEPONENT
 IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE,
WEST DISTRICT, TIS HAZARI COURTS, DELHI
C.S No. /2024
IN THE MATTER OF:
Jayant & Others …Plaintiffs

Versus
Valmiki Mandir …Defendant

AFFIDAVIT
I, Yadukul Bhushan Sharma, aged about 62 years S/o Shyam Lal
Sharma R/o 647, Pocket-1, Paschim Vihar, Delhi-110063 do
hereby solemnly affirm and declare as under:
1. That the deponent is the Plaintiff no.3 in the above noted suit and
well conversant with the facts and circumstances of the case and
also competent to file the present affidavit.
2. That the contents of the accompanying suit have been drafted by
my counsel as per my instructions and the contents of the same
have been duly read over and understood by me in my vernacular
language and same are true and correct.

DEPONENT
VERIFICATION:
Verified at Delhi on ___ of October, 2024 that all the
contents of the above stated affidavit are true and correct to my
knowledge and nothing material has been concealed there from.

DEPONENT
 IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE,
WEST DISTRICT, TIS HAZARI COURTS, DELHI
C.S No. /2024
IN THE MATTER OF:
Jayant & Others …Plaintiffs

Versus
Valmiki Mandir …Defendant

APPLICATION UNDER ORDER 39 RULES 1 & 2

READ WITH SECTION 151 C.P.C.

MOST RESPECTFULLY SHOWETH:

1. That the Plaintiffs has filed the accompanying suit for permanent
and mandatory injunction against the Defendant and craves leave
of this Hon’ble court to refer to averments made in the plaint and
the same may kindly be read as part and parcel of this application
and have not been reproduced herein for the sake of brevity.
2. That the Plaintiffs have very good prima facie case in their
favour and there is every-likelihood of succeeding in the same.
3. That the balance of convenience also lies in the favour of the
Plaintiffs and against the Defendant.
4. That in case the relief prayed hereunder is not granted, the
plaintiffs shall suffer irreparable loss and injury on the contrary
no prejudice would be caused to the defendant in case the relief
prayed hereunder is granted in favour of the plaintiffs.
Prayer:

It is therefore most respectfully prayed that this Hon’ble court

may be pleased to pass an ex-parte ad-interim injunction in
favour of Plaintiffs and against the Defendant thereby restraining
the defendant, his attorney, associate, acting on his behalf or
‘Nav Yuvak Mohalla Samiti”/ Valmiki Mandir Management or
any other person relating to defendant from dispossess and create
obstruction/hindrance/nuisance and ingress and egress of the
plaintiffs over suit property more specifically shown in the red
colour in the site plan till final disposal of present suit.
Any other relief which this Hon'ble Court may deem fit
and proper in favour of Plaintiffs and against the Defendant, in
the interest of justice.

Delhi Plaintiffs

Dated: Through

HIMANSHU WADHWA
ADVOCATE
Seat No. 02, Near Police Chowki
Tis Hazari Court, Delhi
Mobile No.9818868838
EMAIL: [email protected]
 IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE,
WEST DISTRICT, TIS HAZARI COURTS, DELHI
C.S No. /2024
IN THE MATTER OF:
Jayant & Others …Plaintiffs

Versus
Valmiki Mandir …Defendant
AFFIDAVIT
I, Jayant S/o Late. Prem Nath aged about 50 years R/o GH-2/74,
Ankur Apartment, Paschim Vihar, Delhi-110063, do hereby
solemnly affirm and declare as under:
1 That the deponent is the Plaintiff no.1 in the above noted suit and
well conversant with the facts and circumstances of the case and
also competent to file the present affidavit.
2 That the contents of the accompanying application under order
39 rule 1&3 read with section 151cpc has been drafted by my
counsel as per my instructions and the contents of the same have
been duly read over and understood by me in my vernacular
language and same are true and correct to my knowledge.

DEPONENT
VERIFICATION:
Verified at Delhi on ___ of October, 2024 that all the
contents of the above stated affidavit are true and correct to my
knowledge and nothing material has been concealed there from.

DEPONENT
 IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE,
WEST DISTRICT, TIS HAZARI COURTS, DELHI
C.S No. /2024
IN THE MATTER OF:
Jayant & Others …Plaintiffs

Versus
Valmiki Mandir …Defendant
AFFIDAVIT
I, Rajesh Kumar S/o Kartar Singh aged about 48 years, R/o E-
275, J.J. Colony, kadipur, Paschim Vihar, Delhi-63, do hereby
solemnly affirm and declare as under:
1. That the deponent is the Plaintiff no.2 in the above noted suit and
well conversant with the facts and circumstances of the case and
also competent to file the present affidavit.
2. That the contents of the accompanying application under order
39 rule 1&3 read with section 151cpc has been drafted by my
counsel as per my instructions and the contents of the same have
been duly read over and understood by me in my vernacular
language and same are true and correct to my knowledge.

DEPONENT
VERIFICATION:
Verified at Delhi on ___ of October, 2024 that all the
contents of the above stated affidavit are true and correct to my
knowledge and nothing material has been concealed there from.

DEPONENT
 IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE,
WEST DISTRICT, TIS HAZARI COURTS, DELHI
C.S No. /2024
IN THE MATTER OF:
Jayant & Others …Plaintiffs

Versus
Valmiki Mandir …Defendant
AFFIDAVIT
I, Yadukul Bhushan Sharma aged about 62 years, S/o Shyam
Lal Sharma R/o 647-Pocket-1, Paschim Vihar, Delhi-110063 do
hereby solemnly affirm and declare as under:
1. That the deponent is the Plaintiff no.3 in the above noted suit and
well conversant with the facts and circumstances of the case and
also competent to file the present affidavit.
2. That the contents of the accompanying application under order
39 rule 1&3 read with section 151cpc has been drafted by my
counsel as per my instructions and the contents of the same have
been duly read over and understood by me in my vernacular
language and same are true and correct to my knowledge.

DEPONENT

VERIFICATION:
Verified at Delhi on ___ of October, 2024 that all the
contents of the above stated affidavit are true and correct to my
knowledge and nothing material has been concealed there from.

DEPONENT
 IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE,
WEST DISTRICT, TIS HAZARI COURTS, DELHI
C.S No. /2024
IN THE MATTER OF:
Jayant & Others …Plaintiffs
Versus
Valmiki Mandir …Defendant
LIST OF DOCUMENTS ON BEHALF OF PLAINTIFFS

1. Site plan of suit property

2. Copy of electricity bills
Any other documents will be file with the permission of this
Hon’ble court.

Delhi Plaintiffs

Dated: Through

HIMANSHU WADHWA
ADVOCATE
Seat No. 02, Near Police Chowki
Tis Hazari Court, Delhi
Mobile No.9818868838
EMAIL: [email protected]
 IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE,
WEST DISTRICT, TIS HAZARI COURTS, DELHI
C.S No. /2024
IN THE MATTER OF:
Jayant & Others …Plaintiffs

Versus
Balmiki Mandir …Defendant
INDEX
S.No Particulars Pages C. F.

1. Court Fees
2. Memo of Parties

3. Suit for permanent and mandatory

injunction along with affidavit.
4. Application Under order 39 rule 1& 2 read
with section 151CPC along with affidavit
5. List of Document along with Documents
6. Vakalatnama.

Delhi Plaintiffs

Dated: Through

HIMANSHU WADHWA
ADVOCATE
Seat No. 02, Near Police Chowki
Tis Hazari Court, Delhi
Mobile No.9818868838
EMAIL: [email protected]