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District: South 24 Parganas

In the Court of the Learned 5th Civil Judge (Senior Division) at Alipore

Title Suit No.

of 2012

Smt. Kajal Sharma

Wife of Mr. Biswanath Sharma,
Daughter of Late Dulal Chandra Sardar,
Residing at ..
Plaintif
- Versus 1.

Sri Dilip Sardar

Son of Late Dulal Chandra Sardar

Residing at 8/1D, Rahim Ostagar Road,
Police Station Lake Road, Kolkata
700045.
2.

Smt. Bulu Sardar

Wife of Late Pradip Sardar;

3.

Sri Bikram Sardar (minor)

Son of Late Pradip Sardar;

4.

Sri Bidisha Sardar (minor)

Daughter of Late Pradip Sardar;

Since

and

are

minor

as

such

represented by their mother and natural

guardian Smt. Bulu Sardar,
All 2 to 4 are residing at 8/1D, Rahim
Ostagar Road, Police Station Lake Road
Kolkata 700045.
5.

Smt. Sachirani Bardhan,

Wife of Dr. Rabindra Bardhan

Daughter of Late Dulal Chandra Bardhan,
residing at Naskarhat, Phoolbagan, Police
Station Tiljala, Kolkata 700039.
6.

Sakuntala Sardar,

Wife of Late Dulal Chandra Sardar;

7. Sri Anil Sardar;
8. Sri Sunil Sardar
Both 7 are 8 are sons of Late Dulal
Chandra Sardar;
9. Smt. Lakshmi Roy,
Wife of Mr. Jagat Jiban Roy,
Daughter of Late Dulal Chandra Sardar,
All 6, 7, 8 and 9 reside at 1/16, Rajdanga,
Post Office-E.K.T.P., Police Station-Kasba,
Kolkata-700 107;
10. Purnima Roy

Wife of Sri Suresh Roy,

Daughter of Late Dulal Chandra Sardar,
residing at Plot No. R/1/16, Rajdanga,
Post Office E.K.T.P. Police Station
Kasba, Kolkata 700107.
11. Sri Prdip Karmakar
Son of not known
Husband of Late Jyotsna Karmakar,
12. Sri Samir Karmakar
Son of Sri Pradip Karmakar,
13. Sri Rakhi Karmakar,
Daughter of Sri Pradip Karmakar,
All 10 to 12 are residing at Anandopore
Colony,

Near

Heritage

School,

Police

Station Kasba. Kolkata 700107,

14. Smt. Suchitra Manna
Wife of Sri Sona Manna,
Daughter of Late Dulal Chandra Sardar,
residing at Dankuni, Jaldapara, District
Hooghly.
Defendants

In the matter of:

An application Under Order 39 Rule 1

& 2 read with Section 151 of the Code
of Civil Procedure
The Plaintifs abovenamed beg to state as follows:1.

That the Plaintifs instituted the instant suit for partition and
injunction before the Court of the Learned 5 th Civil Judge (Senior
Division) at Howrah against the defendants. The Crux of the case of
the plaintif inter alia is as follows:I.

That all the peace and parcel of the land and property
measuring about 3 cottas 1 chittaks and 22 square feet
within the Dag no. 2611 Khatian no. 253 within the J. L. No.
13, Touzi No. 145 Mouza Kasba, District 24 Parganas
(South) more fully mentioned and described in the Schedule
A herein after and the land and property measuring about
1 cottas 8 chittaks and 22 square feet within the Dag no.
2611 Khatian no. 235 and 682 within the J. L. No. 13, Touzi
No. 145 Mouza Kasba, District 24 Parganas (South) more
fully mentioned and described in the Schedule B herein
after and the property measuring about 2 cottas 8 chittaks
of land and property within the plot no. 1/16, Village
Rajdanga Ramkrishna Pally, within Post Office Haltu,
Mouza Kashba, District 24 Parganas (North) more fully
mentioned and described in the Schedule C herein below

(the said properties as mentioned and described in the

schedule A, B and C herein below will be hereinafter
referred to as the said properties) are the subject matter of
this suit and the said property is situated within the
jurisdiction of this Learned Court.

II.

The said properties originally belonged to one Dulal Chandra

Sardar, the predecessor-in-interest of the Plaintif and
Defendants herein. He became the owner of the said
properties in the mode and manner as mentioned below:A. In respect of the property mentioned and described
in Schedule A herein below by dint of a deed of
sale vide no. 4411 executed and registered on May
22, 1963 between the predecessor-in-interest of the
Plaintif and his pre deceased first wife viz.

and

Defendants but it is pertinent to mention here that

the said property has been sold from the earning of
the predecessor in - interest of the plaintif and
defendants viz. Late Dulal Chandra Sardar since
the pre deceased first wife of Dulal Chandra Sardar
had no earning and / or property of her own to
make any contribution in purchasing the said
property.

B. In respect of the property mentioned and described

in Schedule B herein below by dint of a deed of
sale executed and registered on July 26, 1972 vide
no. 3220 between the predecessor-in-interest of the
Plaintif and Defendants and one Keshnath Pandey.
C. In respect of the property mentioned and described
in

Schedule

herein

below

by

dint

of

rehabilitation scheme of State of West Bengal.

III.

The said Dulal Chandra Sardar died intestate on 31.01.2007

leaving behind his following legal heirs and representatives
having the share over the suit properties as mentioned
herein below:-

A.

Dilip Sardar (Son), 1/11th

B.

Bulu Sardar (Widow of predeceased son Late Pradip Sardar)

1/33rd;

C.

Bikram Sardar (Son of predeceased son Late Pradip Sardar)

1/33rd;

D.

Bidisha Sardar (Daughter of predeceased son Late Pradip Sardar)

1/33rd;

E.

Suchirani Bardhan (Daughter) 1/11th;

F.

Sakuntala Sardar (widow being the 2nd wife of Late Dilip

Sardar) 1/11th.

G.

Sunil Sardar (Son) 1/11th,

H.

Anil Sardar (Son) 1/11th,

I.

Purnima Roy (Daughter) 1/11th,

J.

Pradip Karmakar (Husband of predeceased daughter Late

Jyotsna Karmakar) 1/33rd,

K.

Samir Karmakar (Son of predeceased daughter Late Jyotsna

Karmakar) 1/33rd,

L.

Rakhi Karmakar (Daughter of predeceased daughter Late

Jyotsna Karmakar) 1/33rd,

M.

Lakshmi Roy (Daughter) 1/11th,

N.

Smt. Suchitra Manna (Daughter) 1/11th.

It is pertinent to mention here that the first wife of the predecessor of the
plaintif and the defendants herein viz. Late Dulal Chandra Sardar
predeceased his husband. And it is further pertinent to mention here
that the predecessor of the plaintif and the defendants herein viz. Late
Dulal Chandra Sardar married for the second time with the defendant
no. 6 in the year of 1954.

IV.

The predecessor of the Plaintif and the Defendants herein

viz. late Dulal Chandra Sardar who was a Hindu under
Dayabhaga School of Hindu law breathed last intestate on
the 31st July, 2007 and after his demise the Plaintif and
Defendants being his successor in - interest became the
joint owner of the said properties of said Late Dulal Chandra
Sardar, as morefully mentioned and described in the
Schedule A, B, and C herein below.

V.

After the demise of the predecessor of the Plaintif and the

Defendants herein viz. Late Dulal Chandra Sardar the
Plaintif herein became the owner of 1/11th undivided share
over the suit property as mentioned and described in the
Schedule A, B and C hereinbelow.

VI.

The Plaintif used to reside at Delhi i.e. in the address given

in the cause title above and as and when she came to
Calcutta she resides with her parents and after the demise of
her father with her mother and her brothers and sisters and
she had free access and physical control over the suit
properties along with her mother, brother, full blood brothers
and also with the step brothers and sisters. That the plaintif

and defendants were in joint physical and actual possession

over the suit properties after the demise of their father.

VII.

That the plaintif soon after the demise of their father

approached her mother, full blood brothers and sisters and
also to her step brothers and sisters and other co sharers of
the said properties to partition the said properties amongst
the co sharers of said properties amicably and in mates and
bounds but the same was not heeded by the other co sharers
of the said properties i.e. the defendants herein.

VIII.

The plaintif when came to Calcutta on October 5, 2012 and

on the very same day while the plaintif went to meet with
her paternal relations, she was not attended in usual
manner in her own paternal home by her full blood brothers,
step brothers and sister in laws, who were present at that
point of time rather the brothers and sister in laws who were
present at the paternal home of the plaintif was trying to
avoid the plaintif.

IX.

That the plaintif on the very next day i.e. the October 6,
2012 came to learn that the defendants by making collusion,
connivance and conspiracy with each other have made an

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arrangement to change the nature and character of the suit

properties by carrying on work of development over the said
properties to construct a flat containing several residential
units over the said properties. And the defendants have
planned to sell out those residential units to the third parties
in lucrative price depriving the plaintif from her share over
the said properties. The plaintif has also come to learn that
the defendants have engaged a developer to give shape of
their vicious will. The said developer has already staged
building material in the suit properties for the purpose of
making proposed work of construction.

X.

That the plaintif after knowing

the said fact

again

approached the defendants to partition the suit properties

mates and bounds by way of amicable settlement but they
were not inclined to do so.

XI.

That the plaintif further approached the defendants that

since the suit properties are undivided one as such the
defendant cannot sale, transfer or otherwise eliminate their
respective

share

over

the

suit

properties

without

approaching the plaintif since the plaintif has preferential

right of purchase over the suit properties according to the

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law of the land. Accordingly plaintif showed her willingness

to purchase the undivided respective share of the defendants
over the suit properties. The said approach of the plaintif
was also not heeded by the defendants.

XII.

The Defendants are threatening to efect additions and

alterations and new construction in the suit premises and
are also threatening to transfer, assign and/or part with the
possession of the suit premises to stranger/outsider without
the consent of the Plaintif.

XIII. That since the plaintif is staying at Delhi since last 20 years
as such the plaintif was in absolute dark as to the said
illegal attempt of the defendants of depriving the plaintif
from her legitimate claim of 1/11th share over the suit
properties. As such the instant suit has been instituted by
the plaintif for partition and injunction.

2. The plaintif states that on September 7, 2012 the men and agents
of the defendants have staged huge quantity of building material in
front of the suit properties and measuring the suit properties with
the aid and assistance of some persons engaged by them for the
said purpose. From the said conduct of the defendants and their

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men and agents, the plaintif is reasonably apprehending that

defendants and their men and agents by taking the advantage of
the long vacation during the month of October November shall
change the nature and character of the suit property by making
carrying on work of development over the suit property by
constructing residential flat thereon contacting several residential
units and the plaintif from the conduct of the defendants are also
reasonably apprehending that the defendants by making collusion
and conspiracy with each other transfer, convey or otherwise
alienate the said properties to any third parties and deliver the
possession over the said properties to any third parties and / or
otherwise encumber the said properties in order to deprive the
plaintif from her share over the suit properties and to dispossess
her from the suit properties so that she cannot stay in the suit
properties while she will be coming to Calcutta from her ordinary
place of residence at Delhi.

3.

That in the backdrop of above factual scenario, your plaintifs

state that your plaintifs are reasonably apprehending unless the
prayer made herein below is granted at earliest your plaintifs
would sufer immensely.

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4. That Plaintifs have a strong prima facie case and the balance of
convince and inconvenience stand in favour of the plaintifs and
your plaintifs further state that the delay in granting the Orders as
prayed hereinbelow be not granted either in interim or in ad
interm form the same will defeat justice and your plaintifs would
sufer an irreparable loss and injury.

5. That the application is made bonafide and for ends of Justice.

In the premises as aforesaid Your
applicants most humbly pray that Your
Honour may be graciously pleased to
issue Rule calling upon the defendants
and their men and associates as to why
a temporary Order of injunction be not
passed to restrain the defendants from
changing the nature and character of
the suit properties as mentioned in the
Schedule A, B and C herein below
and also from transferring, conveying,
alienating or otherwise encumbering

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the suit properties

as mentioned in

the Schedule A, B and C herein

below and also from delivering the
possession of the suit properties as
mentioned in the Schedule A, B and
C herein below or any part thereof
and

causes

if

any

shown,

upon

perusing the same the Rule be made

absolute;
-AndTill disposal of the Rule Ad -interim
Order in terms of the prayer made
above;
AND for this acts of kindness your plaintifs as in duty bound shall
ever pray.
Schedule A
All that peace and parcel of the land and property measuring about 3
cottas 1 chittaks and 22 square feet within the Dag no. 2611 Khatian no.
253 within the J. L. No. 13, Touzi No. 145 Mouza Kasba, District 24
Parganas (South) butted and bounded by-

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In the North:
In the South:
In the East:
In the West:
Schedule B
All that peace and parcel of the land and property measuring about 1
cottas 8 chittaks and 22 square feet within the Dag no. 2611 Khatian no.
235 and 682 within the J. L. No. 13, Touzi No. 145 Mouza Kasba,
District 24 Parganas (South) butted and bounded byIn the North:
In the South:
In the East:
In the West:
Schedule-C
All that peace and parcel of the land and property measuring about 2 cottas 8
chittaks of land and property within the plot no. 1/16, Village Rajdanga
Ramkrishna Pally, within Post Office Haltu, Mouza Kashba, District 24
Parganas (North) butted and bounded byIn the North:
In the South:
In the East:

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In the West:

AFFIDAVIT
I, Smt. Kajal Sharma, wife of Mr. Sharma, daughter of Late Dulal Chandra
Sardar, aged about years, by faith Hindu, by occupation housewife, presently
residing at .., do solemnly affirm and declare as follows:-

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1.

That I am the plaintif in this instant suit and as such I am well

conversant with the facts and circumstances of this case and as
such am competent to affirm this affidavit on behalf of myself.

2.

That the statements made in foregoing paragraphs of this instant

application are true and correct to the best of my knowledge and
belief.

Prepared in my office:

Advocate

Deponent
known to me, Identified by me and
signed in my presence.
Advocate

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