IN THE HON’BLE COURT OF CIVIL JUDGE(SD), YAMUNA
NAGAR AT JAGADHRI.
-----
Dev Dutt Sharma aged about 70 years son of
Krishan Lal, resident of H.No.869, Urban Estate,
Sector 4, Thanesar, District Kurukshetra, Aadhar
No.5211 6797 4548, Mobile No.8950252127.
-----PLAINTIFF.
VERSUS.
1- Manjusha Sharma wife of Shri Sudesh Kumar
Sharma, resident of H.No.488, Sector 13,
Urban Estate, Kurukshetra, Aadhar No.3234
9388 2067
2- Sanjeev Saini son of Shri Mam Chand, C/o
Saini Service Station, Opposite Anaj Mandi
Gate, S.K. Road, Radaur Tehsil Radaur,
District Yamuna Nagar, (Haryana), Mobile
No.8445640000.
3- Sub Registrar/Tehsildar, Radaur, Tehsil
Radaur, District Yamuna Nagar.
-----Defendants.
*****
Suit for Permanent Injunction restraining
the defendants No.1 & 2 from alienating
the property measuring 10’X30’ bearing
Khewat No.530//496, Khatauni No.611 (old
2
No.574), Khasra No.790/3, situated at
Radaur, Tehsil Radaur, District Yamuna
Nagar, vide sale deed No.1832 dated 14-1-
2020 read with mutation No.12086 dated
25-2-2020, by way of sale, lease,
mortgage, gift or any other manner,
whatsoever in favour of any other person
except the plaintiff and further
restraining the defendants No.1 & 2 from
interfering in the actual, physical and
peaceful possession of the plaintiff in
the suit property, in any manner,
whatsoever and also restraining the
defendant No.3 from executing and
registered the sale deed of the above
said property.
------
Respectfully showeth,
The Plaintiff most respectfully submits as
under:-
1- That the plaintiff is permanent resident of
above mentioned address and he is a peace
loving and law abiding citizen of India.
2- That the defendant No.1 was owner of property
as fully detailed and described in heading of
3
the plaint (hereinafter called as “Suit
property” in the later part of plaint, on the
strength of sale deed No.1832 dated 14-1-2020
read with mutation No.12086 dated 25-2-2020.
3- That the defendant No.1 had agreed to sell
the above said property with plaintiff Dev
Dutt Sharma and the defendant No.1 has
entered into an agreement to sell dated 7-1-
2025. According to the agreement to sell
dated 7-1-2025, the defendant No.1 had agreed
to sell the abovesaid property to plaintiff
and the defendant No.1 had received full and
final payment in the form of consideration of
the suit property from the plaintiff. The
agreement to sell was reduced into writing
and the same was duly signed by the defendant
No.1 after understanding the contents of the
same as to be true in the presence of
witnesses and plaintiff also signed the same
with the witnesses.
4- That at the time of execution and
registration of agreement to sell dated 7-1-
2025, it has been assured by the defendant
No.1 that the suit property is free from all
encumbrances and there is no court case and
4
stay etc. from any competent court and the
defendant No.1 has every right to alienate
the same. It has also been agreed that the
defendant No.1 will be bound to execute and
registered the sale deed in favour of
plaintiff and his legal heirs or in favour of
the person of his choice as desired by him
and if the defendant No.1 fails to perform
his part of agreement, then the plaintiff
shall be at liberty to execute and get
registered sale deed in his favour with the
intervention of court at the expenses of
defendant No.1. It is pertinent to mention
here that the defendant No.1 has handed over
the possession of the suit property to
plaintiff including all rights thereupon.
5- That shop as marked by letters ABCD as
mentioned in the rough site plan, belongs to
defendant No.2 Sanjeev Kumar son of Shri Mam
Chand and shop as marked by letters EFGH as
shown in the site plan belongs to the
plaintiff, who is owner of the above said
property. And constructed shop as marked by
letters IJKL as shown in the rough site plan
belongs to some unknown person.
5
6- That half portion of shop marked by letter
ABCD is constructed from the back side and
remaining portion of the said shop is lying
vacant in open shape. The above said shop has
approximately 13 feet front and it is
measurement is 33’ sq.yards approximately.
And the shop purchased by the plaintiff
marked by letters EFGH is lying vacant, whose
front portion is approximately 14 feet and it
has measurement 33 sq.yards.
7- That now the defendant No.2 is negotiating to
sell the property of plaintiff along with his
own shop fraudulently with malafide intention
and it has come in the knowledge of the
plaintiff recently that the defendant No.2
has entered into an agreement to sell to sell
the property of the plaintiff along with his
own shop marked by letters ABCD with malafide
intention to cheat and to cause wrongful loss
to the plaintiff and wrongful gain for
himself being include with defendant No.3,
for which the defendants have no right, title
or authority to do so.
8- That the plaintiff moved an application to
defendant No.3 with request not to execute
6
and registered the sale deed regarding the
suit property of the plaintiff, copy of the
same is enclosed herewith for kind perusal of
this Hon’ble Court.
9- That the plaintiff has requested the
defendants No.1 & 2 not to alienate the suit
property to some other person but they are
adamant to alienate the suit property in
collusion with defendant No.3 just to defeat
the right of plaintiff but the defendant No.2
is also adamant and threatened that he will
sell the suit property along with his own
property i.e. shop being colluded with
defendants No.3, for which they have no
right, title or authority to do so.
10- That now the defendants have refused to
accede the legal and genuine request of the
Plaintiff and also threatened to alienate the
suit property forcibly and illegally at the
earliest, for which the defendants have got
no right, title or authority to do so.
11- That if the defendants succeed in their
aforesaid wrongful acts and illegal mission,
then the Plaintiff would suffer an
irreparable loss and injury.
7
12- That now the Plaintiff has got no other
effective or efficacious remedy except to
approach this Hon’ble Court through the
instant suit, hence this suit after reserving
his right to file a suit for specific
performance suit.
13- That no suit between the same parties or
between the parties under whom they or any of
them claim litigating on the same cause of
action has been previously instituted or
finally decided by a court of competent
jurisdiction or limited jurisdiction.
14- That the cause of action for filing the
present suit accrued to the Plaintiff firstly
few days ago when the plaintiff came to know
that the defendants No.1 & 2 are in hurry to
alienate the suit property to some other
person forcibly and illegally and
continuously thereafter and now finally a day
before yesterday, when the Defendants have
refused to accede the genuine and legal
request of the Plaintiff, for which they have
got no legal right, title or authority to do
so.
8
15- That the suit property is situated at mauza
Radaur, Tehsil Radaur, District Yamuna Nagar,
within the territorial jurisdiction of this
Hon’ble Court, as such this Hon’ble Court has
got the jurisdiction to try, hear and decide
the present suit of the Plaintiff.
16- That the suit for the purposes of courtfee &
jurisdiction is valued at Rs.200/-& a fixed
court fee of Rs.25/- has been affixed on the
plaint.
17- That all the relevant and necessary documents
are attached with this plaint for the kind
perusal of this Hon’ble Court.
It is, therefore, respectfully prayed
that a decree for Permanent Injunction
restraining the defendants No.1 & 2 from
alienating the property measuring 10’X30’
bearing Khewat No.530//496, Khatauni No.611
(old No.574), Khasra No.790/3, situated at
Radaur, Tehsil Radaur, District Yamuna Nagar,
vide sale deed No.1832 dated 14-1-2020 read
with mutation No.12086 dated 25-2-2020, by
way of sale, lease, mortgage, gift or any
other manner, whatsoever in favour of any
other person except the plaintiff and further
9
restraining the defendants No.1 & 2 from
interfering in the actual, physical and
peaceful possession of the plaintiff in the
suit property, in any manner, whatsoever and
also restraining the defendant No.3 from
executing and registered the sale deed of the
above said property, may kindly be passed in
favour of the Plaintiff and against the
Defendant No.1 with costs of this suit of the
Plaintiff, in the interest of justice and
equity and in accordance with the law.
Plaintiff
Through Counsel
Advocate
Verification-
Verified that the contents of abovesaid
plaint from paras Nos.1 to 13 and prayer clause
are true and correct to the best of my knowledge
and belief and from paras no.14 to 17 as per
legal information of my counsel, are correct and
nothing has been concealed therein.
Verified at Jagadhri on 15-7-2025.
Plaintiff.
10
IN THE HON’BLE COURT OF CIVIL JUDGE (SD) YAMUNA
NAGAR AT JAGADHRI.
-----
Dev Dutt Sharma. Vs. Manjusha Sharma etc.
*****
SUIT FOR PERMANENT INJUNCTION.
------
Affidavit of Dev Dutt Sharma aged about 70
years son of Krishan Lal, resident of H.No.869,
Urban Estate, Sector 4, Thanesar, District
Kurukshetra, Aadhar No.5211 6797 4548.
I, the above named deponent, do hereby
solemnly affirm & declare as under:-
1- That the contents of the abovesaid plaint,
are true and correct to the best of my
knowledge and belief and nothing has been
concealed therein.
2- That the contents of abovesaid plaint, may
kindly be read as a part and parcel of this
affidavit.
Deponent
Verification:-
Verified that the contents of above affidavit
are true and correct to the best of my knowledge
and belief and nothing has been concealed
therein.
Verified at Jagadhri on 15-7-2025.
Deponent.
11
IN THE HON’BLE COURT OF CIVIL JUDGE (SD) YAMUNA NAGAR
AT JAGADHRI.
-----
Dev Dutt Sharma. Vs. Manjusha Sharma etc.
*****
SUIT FOR PERMANENT INJUNCTION.
------
Application under Order 39 Rule 1 and 2 read
with Section 151 C.P.C.
------
Respected Sir,
The applicant/plaintiff most respectfully
submits as under:-
1- That the applicant/plaintiff is filing the above
noted suit before this Hon’ble Court & he is
quite hopeful of his success in the same.
Detailed facts have already been mentioned in
the plaint, which may kindly be read as part and
parcel of this application.
2- That for the reasons/submissions fully disclosed
in the plaint, which may kindly be read as a
part and parcel of this application, the
defendants have no right, title or interest of
any kind to alienate the suit property to some
other person forcibly and illegally in any
manner, whatsoever.
3- That now the defendants No.1 & 2 in collusion
with defendant No.3 are threatening to alienate
the suit property to some other person by way of
sale, lease, mortgage, gift etc illegally and
unlawfully, for which the Defendants have got no
legal, right, title or authority to do so.
4- That if the Defendants succeeds in his aforesaid
wrongful acts and illegal mission, then the
Plaintiff/Applicant would suffer an irreparable
loss and injury.
5- That the Plaintiff/Applicant has a good prima-
facie case made out in his favour from the
pleadings of the plaint and the balance of
12
convenience also lies in favour of the
plaintiff.
6- That any delay in the grant of an ad-interim
injunction prayed for is likely to greatly
prejudice the interest of the Plaintiff.
Keeping in view the facts and circumstances
stated above, It is, therefore, most
respectfully prayed that the Defendants may
kindly be restrained by means of an ad-interim
injunction from alienating the suit property by
way of sale, lease, mortgage and also from
interfering in the actual, physical and peaceful
possession of the plaintiff in the suit
property, or any other manner, whatsoever,
during the pendency of the suit, in the interest
of justice.
Applicant/Plaintiff
Through Counsel-
Advocate.
Verification:-
Verified that the contents of abovesaid
application are true and correct to the best of
my knowledge and belief and nothing has been
concealed therein.
Verified at Jagadhri on 15-7-2025.
Applicant.
13
IN THE HON’BLE COURT OF CIVIL JUDGE (SD) YAMUNA
NAGAR AT JAGADHRI.
-----
Dev Dutt Sharma. Vs. Manjusha Sharma etc.
*****
SUIT FOR PERMANENT INJUNCTION.
------
Application under Order 39 Rule 1 and 2
read with Section 151 C.P.C.
------
Affidavit of Dev Dutt Sharma aged about 70
years son of Krishan Lal, resident of H.No.869,
Urban Estate, Sector 4, Thanesar, District
Kurukshetra, Aadhar No.5211 6797 4548.
I, the above named deponent, do hereby
solemnly affirm & declare as under:-
1- That the contents of the abovesaid
application, are true and correct to the best
of my knowledge and belief and nothing has
been concealed therein.
2- That the contents of abovesaid application,
may kindly be read as a part and parcel of
this affidavit.
Deponent
Verification:-
Verified that the contents of above affidavit
are true and correct to the best of my knowledge
and belief and nothing has been concealed
therein.
Verified at Jagadhri on 15-7-2025.
Deponent.
