Sunday, 17 August 2014

AMIT ABHISHEK SHRIVASTAVA

IN THE COURT OF DISTRICT JUDGE, BHOPAL (M.P.).

REGULAR CIVIL SUIT NO. 1162-A OF 2012

AMIT ABHISHEK SHRIVASTAVA            ……           PLAINTIFF

VERSUS

MRS. RUPALI PRADHAN                       ……           DEFENDANTS



REPLY ON BEHALF OF PLAINITFF TO THE DEFEDANT’S APPLICATION DATED 21.11.2013 UNDER ORDER 39 RULE 2 A OF THE CODE OF CIVIL PROCEDURE, 1908

Answering plaintiff strongly opposes the relief sought by the defendants and begs to submit his reply as under :

PRILIMINARY OBJECTION

1.   Nothing in the application dated 21.11.2013 under order 39 rule 2A of the code of civil procedure, 1908 shall deemed to admitted unless it has been specifically admitted in this reply. The palintiff is a law abiding national of india and he has highest regard to the authority of Law and its enforcement agenices. Plainitff cannot even think of disobdeince or breach of order passed by a competant Court of Law. However. Plaintiff tenders unconditional appoligied before the Hon’ble Court at the outset.

2.   The application is false, malafide and not sustainable in Law as (1) there is a disputed question of fact involved where it would be necessary to give sufficient opportunity to the parties to lead evidence and cross-examine witnesses in order to come to a definite conclusion whether the interim order had in fact been violated; and (2) The ad-interim injunction order was passed at an interim stage and the rights of the parties were still to be adjudicated finally.

3.   Plaintiff had filed an application on 05.11.2012 under Order 39 rule 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 for grant of temporary injunction whereby and whereunder praying that : “It is, therefore most humbly and respectfully prayed that during pendency of instant civil suit the defendant No. 1 may kindly be restrained by an order of temporary of injunction restraining herself, or her agents not to alienate, create third party interest over the suit property, in the larger interest of justice”.

4.   On 12.03.2013 this Hon’ble Court was pleased to kind enough in directing the both the parties not to alienate and create third party interest over the suit property. This ad-interim order was passed on application filed by plaintiff pending the final decision of on an application for grant of temporary injunction (Supra).  This ad-interim order was continued on several occasions but it was discontinued at later stage.

5.   The defendants have deliberately wrongly mentioned the name of mother of plaintiff as “Pita Swa. Shri Kiran Shrivastava” in the cause title of this application whereas it ought to have been mentioned “S/o Late Mrs. Kiran Shrivastava”. The defendant may please be directed to correct the cause title of their application as it is defamatory and highly objectionable.

PARAWISE REPLY

6.   Contents and allegations of para 1 are specifically denied. Facts are not properly pleaded in this para. It is specifically denied that reply to application for grant of temporary injunction was given by the defendants. On 12.03.2013 this Hon’ble Court was pleased to kind enough in directing the both the parties not to alienate and create third party interest over the suit property. This ad-interim order was passed on application filed by plaintiff pending the final decision of on an application for grant of temporary injunction (Supra).  This ad-interim order was continued on several occasions but it was discontinued at later stage.

7.   Contents and allegations of para 2 are specifically denied. It is specially denied that plaintiff has caused destruction to the suit property. On several occasions defendants had caused nuisance by demolishing the wall which was reported by plaintiff, are already on record viz. (1) Police report on 06.12.2012 against the defendants submitted to Police station Jahagirabad, Bhopal (M. P.), (2) Police report on 06.12.2012 against the defendants submitted to Senior Superintendent of Police, Bhopal (M. P.), (3) Complaint on 06.12.2012 against the defendants submitted to Chairperson, Madhya Pradesh Human Rights Commission, Paryawas Bhawan, Section –I, Ground Floor, Arera Hills, Bhopal (M. P.), and (4) Police report on 01.03.2013 against the defendants submitted to Police station Jahagirabad, Bhopal (M. P.).  It is specifically denied a tenant was inducted in the suit premises by the plaintiff. Defendants themselves are permitting different person for use and abuse of the suit property as evident from the Pamphlets published and distributed by defendants of different kind of business being carried out by them in a residential area, which are already on record.

8.   Contents and allegations of para 3 are specifically denied. It is specifically denied that plaintiff has disobeyed or breached the Order passed by this Hon’ble Court. Defendants have not come before this Hon’ble Court with clean hands as no cause action accrued to the defendants for invoking the provisions of under order 39 rule 2A of the code of civil procedure, 1908. There was no order of maintaining the status quo with regards to nature of suit property as there was no such prayer.

9.   Contents and allegations of para 4 are specifically denied. Order 39 Rules 1 and 2 of the Code deal with powers of the Court to grant temporary injunction. Rule 2A has been inserted in the order as per Act 104/1976. Rule 2A reads thus:-
"Consequence of disobedience or breach of injunction - (1) In the case of disobedience of any injunction granted or other order made Under Rule 1 or Rule 2 or breach of any of the terms on which the injunction was granted or the order made, the Court granting the injunction or making the order or any court to which the suit or proceeding is transferred, may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding three months, unless in the meantime the Court directs his release.
(2) No attachment made under this rule shall remain in force for more than one year, at the end of which time, if the disobedience or breach continues, the property attached may be sold and out of the proceeds, the Court, may award such compensation as it thinks fit to the injured party and shall pay the balance, if any, to the property entitled thereto."

Affidavit is false and specifically denied.

An affidavit in support of this reply is being filed herewith.

Accordingly the application being devoid of any merit and deserves to be rejected with costs.


BHOPAL
DATED :                                   ADVOCATE FOR PLAINITIFF













IN THE COURT OF DISTRICT JUDGE, BHOPAL (M.P.).

REGULAR CIVIL SUIT NO. 1162-A OF 2012

AMIT ABHISHEK SHRIVASTAVA            ……           PLAINTIFF

VERSUS

MRS. RUPALI PRADHAN                       ……           DEFENDANTS


AFFIDAVIT

I, AMIT ABHISHEK SHRIVASTAVA, aged about 43 years, S/o Late Mrs. Kiran Shrivastava & Late Mr. Prem Shrivastava, R/o House No. 2 (Plot No. 3), Malviya Nagar, Bhopal -462 003, District – BHOPAL (Madhya Pradesh), the above named deponent, solemnly affirm and state on oath as under:

1.    That I am the plaintiff in the above mentioned civil suit and am fully conversant with the facts deposed to in the civil suit.

2.    That the contents of paragraphs 1 to 4 of the accompanying reply are true to my personal knowledge and the contents of paragraphs are based on legal advice, which I believe to be true. No material has been concealed and no part is false.

BHOPAL                                          

DATED :                                                           DEPONENT

                                    VERIFICATION
I, AMIT ABHISHEK SHRIVASTAVA, the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated. Verified at ______this______day of _______
 
DEPONENT
IN THE COURT OF DISTRICT JUDGE, BHOPAL (M.P.).

REGULAR CIVIL SUIT NO. 1162-A OF 2012

AMIT ABHISHEK SHRIVASTAVA            ……           PLAINTIFF

VERSUS

MRS. RUPALI PRADHAN                       ……           DEFENDANTS

APPLICATION UNDER ORDER 39, RULE 1 & 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 [NO. 5 OF 1908] FOR GRANT OF TEMPROARAY INJUNCTION

Plaintiff named above most humbly and respectfully begs to submit as under :

1.   Plaintiff has filed the instant regular civil suit for a Decree of Declaration, possession and permanent injunction.

2.   On 08.02.2014, defendants are trying to change the nature of suit property by opening a shop of canteen / restaurant in the suit property. If defendants are allowed to open the canteen / restaurant, it would occasion a failure of justice and cause irreparable injury to the plaintiff against whom it is proposed to be made.


3.   As per the averments made in the memo of plaint, plaintiff has a good prima facie case in his favour and hopes to succeed in it. If during pendency of instant civil suit the defendants and their agents are not restrained to the suit property danger of being wasted, damaged or alienated, the plaintiff would suffer irreparable loss and injury. The balance of convenience too lies in his favour.

4.   From the facts and circumstances, narrated here in above in the preceding paras it is expedient in the interest of justice that pending final disposal of instant suit, defendants and their agents may kindly be restrained not to danger of being wasted, damaged or alienated the suit property.

An affidavit in support of this application is being filed herewith.

PRAYER
It is, therefore most humbly and respectfully prayed that during pendency of instant civil suit defendants and their agents may kindly be restrained not to danger of being wasted, damaged or alienated the suit property, in the larger interest of justice.
BHOPAL
DATED :                                   ADVOCATE FOR PLAINITIFF
IN THE COURT OF DISTRICT JUDGE, BHOPAL (M.P.).

REGULAR CIVIL SUIT NO. 1162-A OF 2012

AMIT ABHISHEK SHRIVASTAVA            ……           PLAINTIFF

VERSUS

MRS. RUPALI PRADHAN                       ……           DEFENDANTS


AFFIDAVIT

I, AMIT ABHISHEK SHRIVASTAVA, aged about 41 years, S/o Late Mrs. Kiran Shrivastava & Late Mr. Prem Shrivastava, R/o House No. 2 (Plot No. 3), Malviya Nagar, Bhopal -462 003, District – BHOPAL (Madhya Pradesh), the above named deponent, solemnly affirm and state on oath as under:

3.    That I am the plaintiff in the above mentioned civil suit and am fully conversant with the facts deposed to in the civil suit.

4.    That the contents of paragraphs 1 to 4 of the accompanying application are true to my personal knowledge and the contents of paragraphs are based on legal advice, which I believe to be true. No material has been concealed and no part is false.

5.    That the Annexure No(s). to the accompanying civil suit are true copies of the originals and I have compared the said Annexures with their respective originals and certify them to be true copies thereof.

BHOPAL                                          

DATED :                                                           DEPONENT

                                    VERIFICATION
I, AMIT ABHISHEK SHRIVASTAVA, the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated. Verified at ______this______day of _______
DEPONENT
IN THE COURT OF DISTRICT JUDGE, BHOPAL (M.P.).

REGULAR CIVIL SUIT NO. 1162 -A OF 2012

AMIT ABHISHEK SHRIVASTAVA            ……           PLAINTIFF

VERSUS

MRS. RUPALI PRADHAN                       ……           DEFENDANTS


APPLICATION FOR URGENT HEARING

Plaintiff named above most humbly and respectfully begs to submit as under :

1.   Plaintiff has filed the instant regular civil suit for a Decree of Declaration, possession and permanent injunction.

2.   On 08.02.2014, defendants are trying to change the nature of suit property by opening a shop of canteen / restaurant in the suit property. If defendants are allowed to open the canteen / restaurant, it would occasion a failure of justice and cause irreparable injury to the plaintiff against whom it is proposed to be made.
Prayer
It is, therefore most humbly and respectfully prayed that looking to facts and circumstances, the case be heard today only in the larger interest of Justice

BHOPAL
DATED :                                   ADVOCATE FOR PLAINITIFF
IN THE COURT OF DISTRICT JUDGE, BHOPAL (M.P.).

REGULAR CIVIL SUIT NO. 1162 -A OF 2012

AMIT ABHISHEK SHRIVASTAVA            ……           PLAINTIFF

VERSUS

MRS. RUPALI PRADHAN                       ……           DEFENDANTS


LIST OF DOCUMENTS



S.No
Description of document
Date of document
Original copy
Number of page
1.
Police report against the defendants submitted to Police station Jahagirabad, Bhopal (M. P.)
06.12.2012
Xerox Copy
03
2.
Police report against the defendants submitted to Senior Superintendent of Police, Bhopal (M. P.)
06.12.2012
.…do….
03
3.
Complaint against the defendants submitted to Chairperson, Madhya Pradesh Human Rights Commission, Paryawas Bhawan, Section –I, Ground Floor, Arera Hills, Bhopal (M. P.)
06.12.2012
.…do….
03
4.
Police report against the defendants submitted to Police station Jahagirabad, Bhopal (M. P.)
01.03.2013
.…do….
01

5.
Death Certificate issued by Indore Municipal Coprtation, Indore in respect of death of Mrs. Shakuntala @ Renu Shrivastava W/o Late Mr. Chandra Kant Shrivastava on 24.11.2013 at Vishesh Hospital, Indore under the provisions of Section 12/17 of the Birth and Death Registration Act, 1969
26.11.2003
.…do….
01
6.
Uthawana ceremony of Mrs. Shakuntala Shrivastava @ Renu @ Ranoo W/o Late Mr. Chandra Kant Shrivastava published in a daily newspaper “Dainik Bhaskar” Indore
27.11.2013
.…do….
01
7.
Photographs of suit of house
original
8.
 pamphlets published and distributed by defendants of different kind of business being carried out by them in a residential area
original
06

BHOPAL
DATED :                                   ADVOCATE FOR PLAINITIFF





















IN THE COURT OF DISTRICT JUDGE, BHOPAL (M.P.).

REGULAR CIVIL SUIT NO. 1162-A OF 2012

AMIT ABHISHEK SHRIVASTAVA            ……           PLAINTIFF

VERSUS

MRS. RUPALI PRADHAN                       ……           DEFENDANTS



REPLY ON BEHALF OF PLAINITFF TO THE DEFEDANT’S APPLCIATION DATED 08.01.2013 UNDER ORDER 7 RULE 11 OF THE CODE OF CIVIL PROCEDURE, 1908 READ WITH SECTION 9 OF THE CODE OF CIVIL PROCEDURE, 1908 AND SECTION 213 OF THE INDIAN SUCESSION ACT, 1925

Answering plaintiff strongly opposes the relief sought by the defendants and begs to submit his reply as under :

1.   The application is false, malafide and not sustainable in Law as To decide whether Section 213 of the Indian Succession Act bars claim based on a Will in the absence of a probate would require examination of the relevant provisions of Section 213 and Section 57, Clauses (a), (b) mentioned in the former section which is as under :
"Section 213. Right as executor or legatee when established-
(1) No right as executor or legatee can be established in any Court of Justice, unless a Court of competent jurisdiction in India has granted letters of administration with the Will or with a copy of an authenticated copy of the Will annexed.
(2) This section shall not apply in the case of Wills made by Muhamedans, and shall only apply,-
(i) in the case of Wills made by any Hindu, Buddhist, Sikh or Jaina where such Wills are to the clauses specified in Clauses (a) and (b) of Section 57."
"Section 57. Application of certain provisions of part to a class of Wills made by Hindus, etc.-
The provisions of this Part which are set out in Schedule III shall, subject to the restrictions and modifications specified therein, apply,-
(a) to all Wills and codicils made by any Hindu, Buddhist, Sikh or Jaina, on or after the first day of September, 1870, within the territories which at the said date were subject to the Lieu tenant-Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay; and
(b) to all such Wills and codicils made outside those territories and limits so far as relates to immovable property situates within those territories or limits; and
(c) to all Wills and codicils made by any Hindu, Buddhist, Sikh or Jaina on or after the first day of January, 1927, to .which those provisions are not applied by Clauses (a) and (b):
Provided that marriage shall not revoke any such Will or codicil."

2.   A bare reading of the provision makes it clear that Sub-section (1) of Section 213 placing a prohibition on claiming right based on a Will without probate, are applicable only to Will of the class specified in Clauses (a) and (b) of Section 57 in accordance with Sub-section (2)(i) of Section 213. The present Will executed in Madhya Pradesh is not one of the classes of Wills specified in Sub-clause (a) and Sub-clause (b). The restriction is to the Will executed within jurisdiction of High Court of Judicature at Madras, Bombay and Bengal and to all such Wills and codicils made outside those territories and limits but only insofar as they relate to movable properties situated in those territories and limits.

3.   Even if Will is not probated that does not prevent the vesting of the property of the deceased on the executor/administrator and consequently any right of action to represent the estate of the executor can be initiated even before the grant of the probate. Parties to the suit are governed by the Hindu Law.


Accordingly the application being devoid of any merit and deserves to be rejected with costs.
BHOPAL
DATED :                                   ADVOCATE FOR PLAINITIFF








Phool Singh and two Ors. v. Smt. Kosa Bai and two Ors., [1999(1) MPJR 352). 

2005 (3) MPHT 486
Vijendra (Brijendra) Singh Yadav vs Smt. Rajkumari Yadav And Ors. On 8 July, 2005

Beni Prasad vs Meera Bai And Anr. on 2 November, 1999
Equivalent citations: I (2001) DMC 137

AIR 2004 SC 2060 : 2004 (3) SCR 722 : (2004) 7 SCC 505 : JT 2004 (4) SC 139 : 2004 (4) SCALE 163 Commissioner, Jalandhar ... vs Mohan Krishan Abrol & Another on 2 April, 2004

2009) 10 SCC 223

Fgp Ltd. vs Saleh Hooseini Doctor & Anr. on 15 September, 2009


Binapani Kar Chowdhury vs Sri Satyabrata Basu And Anr on 16 May, 2006
(2006) 10 SCC 442 = (2006) 4 MLJ 162 = MANU/SC/2832/2006

2008 (2) MPHT 155 =

Manak Chand Jain vs Smt. Pukhraj Bai And Anr. on 16 January, 2008


2007 (1) MPHT 189
Mayank @ Vaibhava vs Public In General And Ors. on 4 August, 2006

2005 (3) MPHT 486

Vijendra (Brijendra) Singh Yadav vs Smt. Rajkumari Yadav And Ors. on 8 July, 2005

1997 (1) MPLJ 220

Surabji Nasarwanji vs J.N. Dubas And Ors. on 5 April, 1995
BHOPAL, DATED : 12.11.2012

To,
The Sub-Registrar
Office of Sub-Registrar,
Jawahar Chowk,
Bhopal – 462003,
District – BHOPAL (Madhya Pradesh)


Sub-Request for not register sale deed in respect of House No. 2 (Plot No. 3), Malviya Nagar, Bhopal -462 003, District – BHOPAL (Madhya Pradesh) admeasuring area 60 x 90 feet = 5400 sq ft.

Dear Sir,

1.   I am the owner-in possession of House No. 2 (Plot No. 3), Malviya Nagar, Bhopal -462 003, District – BHOPAL (Madhya Pradesh). My Late father Mr. Prem Shrivastava, was recorded as a owner of House No.2 (Plot No. 3), Malviya Nagar, Bhopal admeasuring area 60 x 90 feet = 5400 sq ft. having received the same through a registered deed of conveyance dated 15.07.1986 from Friends Housing co-operative Society Ltd., Malviya Nagar, Bhopal. After the death of Late Shri Prem Shrivastava on 27.12.1996 as per his Will dated 19.10.1993, his widow Smt. Kiran Shrivastava came to be recorded as owner of the suit property. I am the absolute owner of the suit property and entitled for a declaration on the strength of Will dated 01-10-2000 executed by his mother Late Smt. Kiran Shrivastava.

2.   My elder sister (1) MRS. RUPALI PRADHAN, Aged about 51 years, W/o Mr. Pramod Pradhan, and brother in law (2) MR. PRAMOD PRADHAN, Aged about 56 years, S/o Late Shri K. N. Pradhan, Both R/o F-83/5 Tulsi Nagar, Opposite Maharashtra Bhawan, Near Chakki Chouraha, Bhopal – 462003, District – BHOPAL (Madhya Pradesh) are trying to create third party interest by alienating it to some other person without any authority under the Law. 

3.   To desist themselves from such illegal and unauthorized act, I have filed a Regular Civil Suit No. 1162-A of 2012, on 05.11.2012 before the Hon’ble Court of District Judge, Bhopal (M.P.) seeking a temporary injunction restraining themselves or her agents not to alienate, create third party interest over the house in question, which is pending for consideration.

4.   Therefore it is most humbly and respectfully requested that since the matter is sub-judice before the Competent Court of Law, kindly not to register sale deed in respect of House No. 2 (Plot No. 3), Malviya Nagar, Bhopal -462 003, District – BHOPAL (Madhya Pradesh) admeasuring area 60 x 90 feet = 5400 sq ft., for which I shall remain obliged.


Thanking you
Yours faithfully


AMIT ABHISHEK SHRIVASTAVA,
Aged about 41 years,
S/o Late Mrs. Kiran Shrivastava &
Late Mr. Prem Shrivastava,
R/o House No. 2 (Plot No 3),
Malviya Nagar, Bhopal – 462003,
District – BHOPAL (Madhya Pradesh)























IN THE COURT OF DISTRICT JUDGE, BHOPAL (M.P.).


REGULAR CIVIL SUIT NO. 1162-A OF 2012


AMIT ABHISHEK SHRIVASTAVA,
Aged about 41 years,
S/o Late Mrs. Kiran Shrivastava &
Late Mr. Prem Shrivastava,
R/o House No. 2 (Plot No 3),
Malviya Nagar, Bhopal – 462003,
District – BHOPAL (Madhya Pradesh)     ……          PLAINTIFF



VERSUS



1.   MRS. RUPALI PRADHAN,                       
Aged about 51 years,
W/o Mr. Pramod Pradhan,
R/o F-83/5 Tulsi Nagar,
Opposite Maharashtra Bhawan,
Near Chakki Chouraha,
Bhopal – 462003, District – BHOPAL (Madhya Pradesh)   



2.   MR. PRAMOD PRADHAN,
Aged about 56 years,
S/o Late Shri K. N. Pradhan,
R/o F-83/5 Tulsi Nagar,
Opposite Maharashtra Bhawan,
Near Chakki Chouraha,
Bhopal – 462003,
District – BHOPAL (Madhya Pradesh)     ……   DEFENDANTS



CLAIM IN SUIT FOR DECLARATION VALUED AT RS. 2,50,00,000/- FOR POSSESSION VALUED AT RS. 1,00,00,000/- AND FOR PERMANENT INJUNCTION VALUED AT RS. 5000/- TOTAL RS. 3,50,05,000/-
Plaintiff named above most humbly and respectfully begs to submit as under:

1.   Late Shri Prem Shrivastava, father of plaintiff and defendant No.1 was recorded owner of House No.2 (Plot No. 3), Malviya Nagar, Bhopal admeasuring area 60 x 90 feet = 5400 sq ft. having received the same through a registered deed of conveyance dated 15.07.1986 from Friends Housing co-operative Society Ltd., Malviya Nagar, Bhopal. After purchasing this plot, Late Shri Prem Shrivastava constructed a two storeyed residential house over it. This property would hereinafter called the suit property more specifically shown with red colour and marked with letter A, B, C, D, in the map attached with this plaint hereinafter called the plaint map. The suit property is bounded by following details :

Towards North : Office of Airtel
Towards South : House of Telang’s
Towards East : Hosue of Mr. Gadre
Towards West : Old Vidhan Sabha – Roshanpura Road.

2.   After the death of Late Shri Prem Shrivastava on 27.12.1996 as per his Will dated 19.10.1993, his widow Smt. Kiran Shrivastava came to be recorded as owner of the suit property. Defendant No. 1 & 2 are the elder sister and brother in law of plaintiff.

3.   After about a month of the death of mother Late Smt. Kiran Shrivastava on 21-05-2004, defendant No.2 obtained the signatures of plaintiff in some blank papers and plaintiff never minded and never enquired from defendant No.2 as he had full faith on him being the only brother-in-law and since the Will of the mother of the plaintiff was not known, plaintiff have no apprehension of any malice on the part of defendants though they had the knowledge of the Will of the mother. However, plaintiff continued receiving the rent from the tenants in the suit property till year 2008 and when a portion was vacated by tenant, defendants put some College going students as Tenants till year 2011, and later their Daughter’s to run their Clinic, plaintiff started apprehending & quite sure that defendants are trying to grab his property.


4.   In October, 2012, defendants started pressurising the plaintiff to sell the suit property under Builders agreement as it has became commercially valuable property to which plaintiff did not agree as it is his Father and Mother hard earned property and he has strong emotional attached to it, and this lead to a dispute and since the aunt of plaintiff is the one of only nearest and most respected  relative left after the death of his parents and therefore he consulted in this matter with her and she for the first time disclosed to plaintiff about the Will dated 01-10-2000 of the suit property executed by Late Smt. Kiran Shrivastava in favour of plaintiff. The aunt Smt. Shakuntala Shrivastava informed that she had disclosed the Will just after the death of Smt. Kiran Shrivastava to which defendants got offended and expressed their feelings in such a manner that if Smt. Shakuntala Shrivastava will disclose this Will to plaintiff then plaintiff would be in Trouble. Smt. Shakuntala Shrivastava knew well that defendant No.2 is an influential person at Bhopal and have good connection with Political Leaders and in Administration and was Ex-Corporator (Nagar Nigam, Bhopal)  and his father was Ex-Member of Parliament (Ex-MP “Lok-Sabha”, Bhopal) & Ex-Minister of the State and all renowned anti social elements are obliged from defendant No.2 and plaintiff was having  a delicate family life having no job and small baby at that time. Therefore looking to the circumstances then Smt. Shakuntala Shrivastava thought it fit to keep silence in the interest of plaintiff but had in her mind that in the suitable occasion and time she will disclose this fact to plaintiff and when this matter came before her that defendants are trying to sell the suit property she thought it fit and disclosed the Will of Late Smt. Kiran Shrivastava and got plaintiff aware about his right over the suit property. Plaintiff informed defendant No.1 that since he has come to know about the Will of mother from Smt. Shakuntala Shrivastava, their Mausi (younger sister of Late Smt. Kiran Shrivastava) in October, 2012, he is now not interested to sell the suit property and he has asked her to vacate the portion shown in green colour in the map which is in her possession.

5.   Plaintiff is the absolute owner of the suit property and entitled for a declaration on the strength of Will dated 01-10-2000 executed by his mother Late Smt. Kiran Shrivastava and therefore the mutation Order dated 14-12-2010 made jointly in the name of plaintiff and defendant No. 1 is illegal and not binding on plaintiff as he is the absolute owner of the suit property. Plaintiff is also entitled for possession of the portion shown with green colour in the plaint map from defendants as they are in possession by playing fraud with plaintiff by suppressing the Will dated 01-10-2000 of Late Smt. Kiran Shrivastava by obtaining the Mutation Order dated 14-12-2010 and for permanent injunction as defendants are trying to sell out the portion of suit property.

6.   The cause of action accrued at Bhopal on 14-12-2010 when the mutation order was passed jointly in favour of plaintiff and defendant No.1 and on October 2012 when it came to the knowledge of plaintiff for the first time about the Will dated 1-10-2000 and for possession of the portion marked with A, B, C & D in the plaint map from defendants and for permanent injunction against defendants when they tried to create third party interest in the suit property.

7.   For the purpose of Court fees and jurisdiction the suit is valued at Rs. 2.5 Crores for declaration and Rs. 1 Crore for possession and Rs. 5000/- for permanent injunction and Court fees for a sum of Rs. 1,50,000/- is being paid herewith accordingly.

8.   Plaintiff relies on and files documents as per list.


9.   Plaintiff will rely on and file more documents as and when necessary.

An affidavit in support of this plaint is being filed herewith.


P R A Y E R

(a)        For a Decree of declaration that the plaintiff is absolute owner of the suit property at House No.2 (Plot No. 3), Malviya Nagar, Bhopal shown with red colour in the plaint map measuring 60’x90’ (excluding the front area of 60’x15’ for Kitchen Garden/Parking area) on the strength of Will dated 01-10-2000 executed by Late Smt. Kiran Shrivastava in favour of plaintiff and that the defendants have no right to create third party interest in the same.

(b)        For a Decree of Possession  of the green portion of  the suit property situated at House No.2 (Plot No. 3), Malviya Nagar, Bhopal.


(c)         For a Decree of permanent injunction restraining defendants and their agent and servant from creating third party interest in the suit property.

(d)        Cost of the suit be also awarded in favour of the plaintiff.

        Any other relief deemed fit and proper may also be granted.


BHOPAL :                                                         PLAINTIFF

DATED :                                   ADVOCATE FOR PLAINITIFF
                              
V E R I F I C A T I O N

I, AMIT ABHISHEK SHRIVASTAVA, aged about 41 years, S/o Late Mrs. Kiran Shrivastava & Late Mr. Prem Shrivastava, R/o House No. 2 (Plot No. 3), Malviya Nagar, Bhopal -462 003, District – BHOPAL (Madhya Pradesh), do hereby verify and sign on this day-------- of October 2012 and states that the contents of para 1 to end of the Civil Suit are true to my personal knowledge and belief.

                                                                                  PLAINTIFF 
IN THE COURT OF DISTRICT JUDGE, BHOPAL (M.P.).

REGULAR CIVIL SUIT NO. 1162-A OF 2012

AMIT ABHISHEK SHRIVASTAVA            ……           PLAINTIFF

VERSUS

MRS. RUPALI PRADHAN                       ……           DEFENDANTS


AFFIDAVIT

I, AMIT ABHISHEK SHRIVASTAVA, aged about 41 years, S/o Late Mrs. Kiran Shrivastava & Late Mr. Prem Shrivastava, R/o House No. 2 (Plot No. 3), Malviya Nagar, Bhopal -462 003, District – BHOPAL (Madhya Pradesh), the above named deponent, solemnly affirm and state on oath as under:

6.    That I am the plaintiff in the above mentioned civil suit and am fully conversant with the facts deposed to in the civil suit.

7.    That the contents of paragraphs 1 to end of the accompanying civil suit are true to my personal knowledge and the contents of paragraphs are based on legal advice, which I believe to be true. No material has been concealed and no part is false.

8.    That the Annexure No(s). to the accompanying civil suit are true copies of the originals and I have compared the said Annexures with their respective originals and certify them to be true copies thereof.

BHOPAL                                          

DATED :                                                           DEPONENT

                                    VERIFICATION
I, AMIT ABHISHEK SHRIVASTAVA, the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated. Verified at ______this______day of _______
DEPONENT
IN THE COURT OF DISTRICT JUDGE, BHOPAL (M.P.).

REGULAR CIVIL SUIT NO. 1162-A OF 2012

AMIT ABHISHEK SHRIVASTAVA            ……           PLAINTIFF

VERSUS

MRS. RUPALI PRADHAN                       ……           DEFENDANTS

PLAINT MAP

Oval: BAEN Oval: CBAEN
House of Gadre’s
 
 


                                                                                               
Up-Down Arrow: 90’ (In Feet)
Text Box: Bhari Telenet (AIRTEL) Office
Left-Right Arrow: 60’ (In Feet)
 















Oval: AEN
Oval: WSNOval: SNOval: ENOval: NNText Box: House of Telang’s
Oval: DCBAEN                                                               
Ø  Old Vidhan Sabha to Roshanpura Main Road
 
 




House No. 2 (Plot No. 3), Malviya Nagar, Bhopal -462 003, District – BHOPAL (Madhya Pradesh)


BHOPAL :                                                         PLAINTIFF

DATED :                                   ADVOCATE FOR PLAINITIFF
IN THE COURT OF DISTRICT JUDGE, BHOPAL (M.P.).

REGULAR CIVIL SUIT NO. 1162-A OF 2012

AMIT ABHISHEK SHRIVASTAVA            ……           PLAINTIFF

VERSUS

MRS. RUPALI PRADHAN                       ……           DEFENDANTS


LIST OF DOCUMENTS



S.No
Description of document
Date of document
Original copy
Number of page
1.
Registered deed of conveyance executed by Friends Housing co-operative Society Ltd., Malviya Nagar, Bhopal
15.07.1986
Xerox Copy
03
2.
Death certificate of Late Mr. Prem Shrivastava
20.01.1997
.…do….
01
3.
Will executed by Late Mr. Prem Shrivastava in favour of Mrs. Kiran Shrivastava
19.10.1993
.…do….
01
4.
Will executed by Late Mrs. Kiran Shrivastava
01-10-2000
.…do….
01

5.
Mutation Order issued by Municipal Corporation, Bhopal in favor of Mrs. Krian Shrivastava
24.06.2003
.…do….
01
6.
Death Certificate of Late Mrs. Kiran Shrivastava
31.05.2004
.…do….
01
7.
Affidavit sworn-in by plaintiff & defendant No. 1 before the Municipal Corporation, Bhopal
08.07.2004
.…do….
01
8.
Mutation Order issued by Municipal Corporation, Bhopal in favor of Plaintiff
29.07.2004
.…do….
01
9.
No demand certificate issued by the Municipal Corporation, Bhopal in favour of defendant No. 1
29.11.2010
.…do….
01
10.
No demand certificate issued by the Municipal Corporation, Bhopal in favour of plaintiff
29.11.2010
.…do….
01
11.
Intimation of Mutation order issued by the Tahsildar, Rajdhani Pariyojana, T. T. Nagar Circle, Bhopal in favour of plaintiff & defendant No. 1
15.12.2010
.…do….
01





12.
Property Tax Receipts issued by Nagar Palika Nigam, Bhopal in favour of plaintiff
1996 to 2012
.…do….
15
13.
Electricity Bills issued by MPSEB, Bhopal in favour of plaintiff
1994 to 2012
.…do….
19
14.
Police report against the defendants submitted to Police station Jahagirabad, Bhopal (M. P.)
02.11.2012
.…do….
02
15.
Police report against the defendants submitted to Senior Superintendent of Police, Bhopal (M. P.)
02.11.2012
.…do….
02
16.
Public Notice published in the local daily news paper “Dainik Bhaskar” Bhopal
03.11.2012
.…do….
01


BHOPAL
DATED :                                   ADVOCATE FOR PLAINITIFF





IN THE COURT OF DISTRICT JUDGE, BHOPAL (M.P.).

REGULAR CIVIL SUIT NO. 1162-A OF 2012

AMIT ABHISHEK SHRIVASTAVA            ……           PLAINTIFF

VERSUS

MRS. RUPALI PRADHAN                       ……           DEFENDANTS

APPLICATION UNDER ORDER 39, RULE 1 & 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 [NO. 5 OF 1908] FOR GRANT OF TEMPROARAY INJUNCTION

Plaintiff named above most humbly and respectfully begs to submit as under :

3.   Plaintiff has filed the instant regular civil suit for a Decree of Declaration, possession and permanent injunction.

4.   As per the averments made in the memo of plaint, plaintiff has a good prima facie case in his favour and hopes to succeed in it. If during pendency of instant civil suit the defendant No. 1 or her agents is not restrained to alienate, create third party interest over the suit property, the plaintiff would suffer irreparable loss and injury. The balance of convenience too lies in his favour.

5.   From the facts and circumstances, narrated here inabove in the preceding paras it is expedient in the interest of justice that pending final disposal of instant suit, the defendant No. 1 or her agents be pleased to restrain alienate, create third party interest over the suit property.

An affidavit in support of this application is being filed herewith.

PRAYER

It is, therefore most humbly and respectfully prayed that during pendency of instant civil suit the defendant No. 1 may kindly be restrained by an order of temporary of injunction restraining herself, or her agents not to alienate, create third party interest over the suit property, in the larger interest of justice.

BHOPAL
DATED :                                   ADVOCATE FOR PLAINITIFF










IN THE COURT OF DISTRICT JUDGE, BHOPAL (M.P.).

REGULAR CIVIL SUIT NO. 1162-A OF 2012

AMIT ABHISHEK SHRIVASTAVA            ……           PLAINTIFF

VERSUS

MRS. RUPALI PRADHAN                       ……           DEFENDANTS


AFFIDAVIT

I, AMIT ABHISHEK SHRIVASTAVA, aged about 41 years, S/o Late Mrs. Kiran Shrivastava & Late Mr. Prem Shrivastava, R/o House No. 2 (Plot No. 3), Malviya Nagar, Bhopal -462 003, District – BHOPAL (Madhya Pradesh), the above named deponent, solemnly affirm and state on oath as under:

9.    That I am the plaintiff in the above mentioned civil suit and am fully conversant with the facts deposed to in the civil suit.

10.That the contents of paragraphs 1 to 3 of the accompanying application are true to my personal knowledge and the contents of paragraphs are based on legal advice, which I believe to be true. No material has been concealed and no part is false.

11.That the Annexure No(s). to the accompanying civil suit are true copies of the originals and I have compared the said Annexures with their respective originals and certify them to be true copies thereof.

BHOPAL                                          

DATED :                                                           DEPONENT

                                    VERIFICATION
I, AMIT ABHISHEK SHRIVASTAVA, the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated. Verified at ______this______day of _______
DEPONENT
IN THE COURT OF DISTRICT JUDGE, BHOPAL (M.P.).

REGULAR CIVIL SUIT NO. 1162-A OF 2012

AMIT ABHISHEK SHRIVASTAVA            ……           PLAINTIFF

VERSUS

MRS. RUPALI PRADHAN                       ……           DEFENDANTS

AFFIDAVIT

I, MRS. SHAKUNTALA SHRIVASTAVA, aged about 73 years, W/o Late Shri Chandrakant Shrivastava, R/o P-9, Aakriti Eco-City, E-8 Extension, Bawadia Kalan, Bhopal - 462 042  , District – BHOPAL (Madhya Pradesh), the above named deponent, solemnly affirm and state on oath as under:
1.   THAT, I am the Mausi (younger sister of Late Smt. Kiran Shrivastava) of plaintiff and defendant No. 1 and plaintiff came to know about the Will dated 01-10-2000 of his mother through me  in the month of October, 2012.

2.  Will dated 01-10-2000 of Mrs. Kiran Shrivastava was in my possession and looking to the safety of plaintiff I did not disclosed and now I am not well and plaintiff has become able to handle the suit property and the same is being sold by defendants therefore the I disclosed the Will dated 01-10-2000.

BHOPAL                                          

DATED :                                                           DEPONENT

                                    VERIFICATION
I, MRS. SHAKUNTALA SHRIVASTAVA, the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated. Verified at ______this______day of _______
DEPONENT
IN THE COURT OF DISTRICT JUDGE, BHOPAL (M.P.).

REGULAR CIVIL SUIT NO. 1162-A OF 2012

AMIT ABHISHEK SHRIVASTAVA            ……           PLAINTIFF

VERSUS

MRS. RUPALI PRADHAN                       ……           DEFENDANTS

APPLICATION UNDER SECTION 149 OF THE CODE OF CIVIL PROCEDURE, 1908 [NO. 5 OF 1908]

Plaintiff named above most humbly and respectfully begs to submit as under :

1.   Plaintiff has filed the instant regular civil suit for a Decree of Declaration, possession and permanent injunction.

2.   For the purpose of Court fees and jurisdiction the suit is valued at Rs. 2.5 Crores for declaration and Rs. 1 Crore for possession and Rs. 5000/- for permanent injunction and Court fees for a sum of Rs. 1,50,000/- was to be paid herewith accordingly. Since the same is not available with the vendors at the premises of District Court at Bhopal. The plaintiff may please be permitted to make deficiency good within a few days in the interest of justice.


PRAYER

It is, therefore most humbly and respectfully prayed that plaintiff may please be permitted to make deficiency of court fees good within a few days, in the larger interest of justice.

BHOPAL
DATED :                                   ADVOCATE FOR PLAINITIFF



























Registered Address
(Order 8 Rule 11/12 of CPC)

IN THE COURT OF DISTRICT JUDGE, BHOPAL (M.P.).

REGULAR CIVIL SUIT NO. 1162-A OF 2012

AMIT ABHISHEK SHRIVASTAVA            ……           PLAINTIFF

VERSUS

MRS. RUPALI PRADHAN                       ……           DEFENDANTS

Name of plaintiff , father’s name, aged, caste and occupation
Complete address of residence
Post office (District)
AMIT ABHISHEK SHRIVASTAVA, aged about 41 years, S/o Late Mrs. Kiran Shrivastava & Late Mr. Prem Shrivastava, CASTE – HINDU, KAYASTHA









R/o House No. 2 (Plot No. 3), Malviya Nagar, Bhopal -462 003, District – BHOPAL (Madhya Pradesh).
Post Office – G. P. O.
Bhopal -462 003, District – BHOPAL (Madhya Pradesh).


My aforesaid address is correct and in case of any change I will inform the court accordingly.

                                                       
                                                       
PLAINITIFF

I write the address as per
instruction of plaintiff            

                                        ADVOCATE FOR PLAINITIFF
APPENDIX 1-A
FORMAT OF V A K A L A T N A M A
[Rules 4 (1) of the Rules framed under the Advocates Act, 1961]

IN THE COURT OF DISTRICT JUDGE, BHOPAL (M.P.).

REGULAR CIVIL SUIT NO. 1162-A OF 2012

AMIT ABHISHEK SHRIVASTAVA            ……           PLAINTIFF

VERSUS

MRS. RUPALI PRADHAN                       ……           DEFENDANTS

I the PLAINTIFF named below do hereby appoint, engage and authorize advocate (s) named below   to appear, act and plead in aforesaid case / proceeding, which shall include applications for restoration, setting aside for ex - parte orders, corrections, modifications, review and recall of orders assed in these proceedings, in this Court or in any other Court in which the same may be tried / heard / proceeded with and also in the appellate, revisional or executing Court in respect of the proceedings arising from this case / proceedings as per agreed terms and conditions and authorize them to sign and file   pleadings , appeals, cross objections, petitions, applications, affidavits, or the other documents as may be deemed necessary and proper for the prosecution  / defence of the said case in all its stages and also agrees to ratify and confirm acts done by them as if done by us.

In witness whereof we do hereby set our hands to these presents, the contents of which have been duly understood by us, this – day of October, 2012 at Bhopal.

Particulars (in block letters) of each Party Executing Vakalatnama
Name and father s / Husband s Name
Registered Address
E-Mail Address (if any)
Telephone Number (if any)
Status in the case
Full Signature/  **Thumb Impression
(1)
(2)
(3)
(4)
(5)
(6)
AMIT ABHISHEK SHRIVASTAVA, aged about 41 years, S/o Late Mrs. Kiran Shrivastava & Late Mr. Prem Shrivastava,
R/o House No. 2 (Plot No. 3), Malviya Nagar, Bhopal -462 003, District – BHOPAL (Madhya Pradesh)






Accepted 
Particulars (in block letters) of each Advocate Accepting Vakalatnama

Full Name & Enrollment No. in State Bar Council 
Address for Service
E-mail Address  (if any)
Telephone Number (if any)
Full Signature

(1)
(2)
(3)
(4)
(5)
1.
GIRISH SHRIVASTAVA, EN. No. M. P. / ADV  / 724 / 1984
9/27, South Civil Lines, Denning Road, JABALPUR 482 001

(Madhya Pradesh)




girish_jbp2004@rediffmail.com
BSNL : 94254-11070


2.
VIJAY RAGHAV SINGH
EN. No. M. P. / ADV  / 1554 / 2003
SEAT NO. 93, GOLDEN JUBILEE BUILDING, CHAMBER NO. 317, VIDHI BHAWAN, HIGH COURT PREMISES, JABALPUR 482 001
vijayraghav_singh@rediffmail.com
IDEA 98261-43925


3.
P. N. SINGH RAJPUT, EN. No. M. P. / ADV  / 1929/ 1993
F-13, Raja Bhoj Arcade, Main Road, Bag Sewania, Bhopal -462 003, District – BHOPAL (Madhya Pradesh)
NIL
IDEA 98261-30076

4.
NARENDRA SINGH BHADOURIA EN. No. M. P. / ADV  / 1158         / 2005
F-13, Raja Bhoj Arcade, Main Road, Bag Sewania, Bhopal -462 003, District – BHOPAL (Madhya Pradesh)

AIRTEL : 98936- 86181

*Score out which is not applicable
** The thumb impression shall be attested by a literate person giving above particulars.



No comments:

Post a Comment