BEFORE THE HON’BLE HIGH COURT OF DELHI

AT NEW DELHI
I.A.
IN
CS(OS) No.47/2019

IN THE MATTER OF:

PARISHOT GARG
…
PLAINTIFF

VS.

DEEPAK GARG & ANR

...DEFEN
DANTS

INDEX

SR. NO. PARTICULARS PAGE Nos.

1. Urgent Application
2. Notice of Motion
3. Application Under
Order 1 Rule 10
C.P.C. For Impleading
he Applicants along
with Affidavit
4. List of Documents
along with supporting
documents
5. Affidavit of Service
6. Wakalatnama

New Delhi Applicants

Date
Through

Rashmi Singh
Advocate for Applicants

Note: It is hereby informed that all the non-Applicant that are Plaintiff,
Defendant No.1 and Defendant No.2 through their Advocate has been
served this Application vide Email dated 16-11-2022.
 BEFORE THE HON’BLE HIGH COURT OF DELHI
AT NEW DELHI
I.A.
IN
CS(OS) No.47/2019

IN THE MATTER OF:

PARISHOT GARG

…PLAINTIFF

VS.

DEEPAK GARG & ANR

.
..DEFENDANTS

URGENT APPLICATION
To,

The Registrar
Delhi High Court
Sher Shah Suri Marg,
New Delhi

Kindly treat the accompanying Application as a fresh and urgent

one and kindly list the same before the Hon’ble Court on
07/12/2022.

New Delhi Applicants

Date Through

Rashmi Singh
Advocate for Applicants
Juris Source
37, Ground Floor Site-II, Vikaspuri
Mob:8368980930
 BEFORE THE HON’BLE HIGH COURT OF DELHI
AT NEW DELHI
I.A.
IN
CS(OS) No.47/2019

IN THE MATTER OF:

PARISHOT GARG

…PLAINTIFF

VS.

DEEPAK GARG & ANR

.
..DEFENDANTS

NOTICE OF MOTION

Take notice that the accompanying Application will be listed

before Hon’ble Court on 07-12-2022 at 10:30 or so soon
thereafter as may be convenient to the Court.

New Delhi Applicants

Date

Through

Rashmi Singh
Advocate for Applicants
Juris Source
37, Ground Floor Site-II, Vikaspuri
Mob:8368980930
[email protected]
 BEFORE THE HON’BLE HIGH COURT OF DELHI
AT NEW DELHI
I.A.
IN
CS(OS) No.47/2019

IN THE MATTER OF:

PARISHOT GARG

…PLAINTIFF

VS.

DEEPAK GARG &ANR

.
..DEFENDANTS

APPLICATION UNDER ORDER 1 RULE 10 C.P.C. FOR

IMPLEADING THE APPLICANTS (1. ASHOK SINGH 2. KAVITA
SINGH BOTH RESIDENT OF AG-1/94B, FIRST FLOOR,
VIKASPURI, NEW DELHI) AS DEFENDANTS IN THE TITLED
PARTITION PETITION, BEING NECESSARY PARTIES.

Respectfully Showeth:

1. That the aforementioned suit is pending adjudication before

this Honourable Court.

2. That the titled suit has been filed by the Plaintiff for Decree of
Partition dividing the properties (i) AG-1/176-C, Vikaspuri, New
Delhi-110018 (ii) AG-1/94-B, Vikaspuri, New Delhi-110018 and
(iii) A-5, Vikaspuri, New Delhi-110018 in three equal shares
between the plaintiff and the defendants.
3. That the applicants herein are resident and bonafide owner of
AG-1/94-B, Vikaspuri, New Delhi-110018, the scheduled
property in the present partition suit.

4. That the applicants are necessary party in the titled Suit and for
just and proper adjudication of the titled suit, it is required that
they may be arrayed as defendants. The Applicants humbly seeks
leave of this Hon’ble Court to implead as a defendants for the
facts and ground stated below:

BRIEF FACTS AND GROUNDS

i. That the Applicants were looking for a property in
Vikaspuri Area for residential purposes and approached to
a local property dealer of the said area Mr. Sanjay Kumar
who has shown Flat No.-94 B, AG-1, First Floor,
Vikaspuri, New Delhi which belongs to Mr. Deepak Garg
that Defendant No.1.

ii. That the Defendant No.1 has informed the Applicants that
he is the sole and exclusive owner of the said property.
That he further stated that the said property has been
converted from lease hold to Freehold in the policy
formulated by the President of India/Delhi Development
Authority in his own name by virtue of conveyance Deed
duly registered as document No. 2048 in Book I, volume
No. 5440 on pages 63 to 65 on 03/02/2015 in the office of
Sub Registrar-VII INA, New Delhi-110023.

iii. That the Applicants has verified the original conveyance

deed with respect to the said property and as per the
 records available with the Delhi Development Authority
the said property i.e. 94-B/AG-1 Block Vikaspuri, New
Delhi was allotted by Delhi Development Authority to one,
Shi Jyoti Bhusan Babbar in the year 1986 under the
scheme of Delhi Development Authority on 25/09/1986.
That further on 06/02/1996, Sh. Jyoti Bhusan Babbar
executed a General Power of Attorney and Agreement to
sell and transfer all the rights, title of the said property in
favour of Wg. Cdr. C.K. Lowe. That on 19/02/2001, Wg.
Cdr. CSK. Lowe executed a General Power of Attorney
and Agreement to sell and transfer all the rights, title of the
said property in favour of Sh. Deepak Garg that is
Defendant No. 1 herein.

iv. It is respectfully submitted that the property in question i.e

Flat No.-94 B, AG-1, First Floor, Vikaspuri, New Delhi is
a self-acquired property of Defendant No.1 as per the due
diligence and verification of documents and all the
ownership rights, title, possession with the respect to said
property was solely vest with Defendant No.1. It is a
admitted case of the plaintiff that the Defendant No.1 was
in the sole, exclusive and in peaceful possession of the said
property even before the death of his father and plaintiff
herein has never claimed any rights over the said property
during the life time of his deceased parents.

v. Thereupon, in the month of April, 2019 the Applicants

have approached to Axis Bank branch at Janakpuri, New
 Delhi for Home Loan to purchase the said property in
question. Thereafter, on 30 /04/2019, the Axis Bank, after
verifying the title Documents of the said property,
sanctioned and disbursed Home Loan of Rs.5118864/-
( Rs. Fifty One Lakhs Eighteen Thousands Eight Hundred
Sixty Four Only) for a total tenure of 240 months.

vi. That on 02/05/2019, the Applicants, Defendant No. 1 and

authorised representative of Axis Bank appeared before
Sub registrar 11B, Janakpuri, for registration of Sale Deed
of the said property in favour of Applicants herein. That
the Applicants purchased the said property from Mr.
Deepak Garg (defendant No. 1) vide Sale deed dated
02/05/2019 for a total consideration of Rs.54,00,000/-
(Rupees Fifty-Four Lacs Only) which was duly registered
before Sub registrar 11B, Janakpuri, Delhi vide registration
No. 9395 in Book No. I Vol No. 4,320 on page 138 to 145
on 02/05/2019. That the Applicants have also taken the
vacant and peaceful possession of the said property and
shifted in the said property from their tenanted house.

vii. It is also a matter of fact that Applicants are regularly

paying the Equated monthly loan instalments (EMI’s)
against the said Home Loan. It is further stated that Axis
Bank has sanctioned home loan to Applicants by
mortgaging the said property and after due diligence and
verifying the title of the said property. That the original
conveyance deed and other title documents with respect to
the said property are in custody of Axis Bank, Janakpuri
(Home Loan) Branch.
viii. That the said property is free from all encumbrances and
the Applicants are bonafide purchaser of the said property
and purchased the said property after its due diligence with
full consideration and without having the knowledge of the
pendency of the suit.

ix. That it is respectfully submitted that the Applicants be

impleaded in the present petition. It is submitted that no
harm, loss or injury would be caused to the Parties to the
instant petition if the Applicant is permitted to come on
record and place all relevant facts and materials which are
necessary for the proper adjudication of the issues raised in
the present Petition otherwise applicants will suffer injury
and irreparable loss. The Applicants had also made the
initial representations by way of Affidavit in terms of the
Directions of this Hon’ble Court vide its order dated
November 29th 2019 and is therefore a necessary party in
the present suit.
PRAYER
It is therefore, most respectfully prayed that this Hon'ble Court
may be pleased
to:

a) Allow the Applicants to implead as a Defendant No. 3 and

4 in the present Suit, and
b) Pass such other order or orders as may be deemed fit and
proper in the facts and circumstances of the instant case.

New Delhi Applicants

Date

Through
 Rashmi Singh
Advocate for Applicants

BEFORE THE HON’BLE HIGH COURT OF DELHI

AT NEW DELHI
I.A.
IN
CS(OS) No.47/2019

IN THE MATTER OF:

PARISHOT GARG

…PLAINTIFF

VS.

DEEPAK GARG &ANR

.
..DEFENDANTS

AFFIDAVIT

I, Ashok Singh, R/o Flat No. 94 -B, AG-1 Block Vikaspuri, New
Delhi-110018 do hereby solemnly affirm and declare as under :-

1. That the Deponent is the Applicant in the above

Application and is fully conversant with the facts and
circumstances of this case, hence competent to swear this
affidavit.

2. That the contents of accompanying Application has been

drafted and filed under my instruction by our counsel. The
same is read over to me in its vernacular and I have
understood the same to be true and correct to the best of
my knowledge.
3. That the Deponent has not filed any other similar
Application seeking similar relief, either before this
Hon’ble court or before or any other Court.

DEPONENT

VERIFICATION:

Verified at Delhi on this day of November 2022 that the

contents of the above affidavit are true and correct to the best of
my knowledge and nothing material has been concealed
therefrom.

DEPONENT
 BEFORE THE HON’BLE HIGH COURT OF DELHI
AT NEW DELHI
I.A.
IN
CS(OS) No.47/2019

IN THE MATTER OF:

PARISHOT GARG

…PLAINTIFF

VS.

DEEPAK GARG &ANR

.
..DEFENDANTS

AFFIDAVIT

I, Kavita Singh W/o Mr. Ashok Singh, R/o Flat No. 94- B, AG-1
Block, Vikaspuri, New Delhi-110018, do hereby solemnly affirm
and declare as under :-

4. That the Deponent is the Applicant in the above noted case

and is fully conversant with the facts and circumstances of
this case, hence competent to swear this affidavit.

5. That the contents of accompanying Application has been

drafted and filed under my instruction by our counsel. The
same is read over to me in its vernacular and I have
understood the same to be true and correct to the best of
my knowledge.

6. That the Deponent has not filled any other similar petition
seeking similar relief, either before this Hon’ble court or
any other Court.
 DEPONENT

VERIFICATION:

Verified at Delhi on this day of November 2022 that the

contents of the above affidavit are true and correct to the best of
my knowledge and nothing material has been concealed
therefrom.

DEPONENT

BEFORE THE HON’BLE HIGH COURT OF DELHI

AT NEW DELHI
I.A.
 IN
CS(OS) No.47/2019

IN THE MATTER OF:

PARISHOT GARG

…PLAINTIFF

VS.

DEEPAK GARG &ANR

.
..DEFENDANTS

LIST OF DOCUMENTS
SR.NO Documents Page No
1. Copy of Sale Deed
2. Copy of Chain of
owner to the Said
property
3. Copy of sanctioned
Loan Documents