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Petition to appoint the Advocate-Commissioner to sell the ceased property in partition suit

IN THE COURT OF THE CITY CIVIL COURT, NEW DELHI
I.A. No. 23/2025 in O.S. No. 1024/2024

Arjun Kumar

…Petitioner/Plaintiff

Vs.

Neha Sharma

…Respondent/Defendant

Petition filed on behalf of the petitioner/Plaintiff under Or. 26 R. 10 (c) and 151 of CPC.

The petitioner respectfully submits that, for the reasons stated in the accompanying affidavit, this Hon’ble Court may be pleased to:

  • Appoint an Advocate-Commissioner in I.A. No. 23/2025 to sell the seized property (paddy crop),
  • Deposit the sale proceeds into Court, and
  • Pass such other orders as this Hon’ble Court deems fit and proper in the circumstances and in the interest of justice.

Place: New Delhi
Date: 6th June 2025

Advocate for the Petitioner

IN THE COURT OF THE CITY CIVIL COURT, NEW DELHI
I.A. No. 23/2025 in O.S. No. 1024/2024

Arjun Kumar

…Petitioner/Plaintiff

Vs.

Neha Sharma

…Respondent/Defendant

Affidavit

I, Arjun Kumar, S/o Ramesh Kumar, aged about 35 years, Hindu, Occupation: Businessman,
Residing at 123, Green Park, New Delhi, do hereby solemnly affirm and state on oath as follows:

  1. I am the plaintiff in the suit and the petitioner herein. I am well acquainted with the facts of the case.
  2. I have filed this suit for partition of the plaint schedule property into two equal shares and for allotment of one such share to me and for other consequential reliefs. The contents of the plaint may be read as part and parcel of this affidavit.
  3. I respectfully submit that I had cultivated paddy crop on the suit land. However, the defendant/respondent has claimed that she raised the crop.
  4. Considering the dispute, this Hon’ble Court had appointed an Advocate-Commissioner to seize the paddy crop. In compliance with the orders of this Hon’ble Court, the commissioner seized 30 bags of paddy and stored them at the Panchayat office.
  5. It is not feasible to retain the paddy bags in storage until the final disposal of the suit, as there is a high risk of spoilage and loss.
  6. Hence, it is in the interest of justice to appoint the Advocate-Commissioner to sell the seized paddy crop and deposit the sale proceeds into the Court in I.A. No. 23/2025.
  7. Otherwise, I will be put to irreparable loss and hardship.

Deponent: Arjun Kumar

Solemnly affirmed, and the contents of the affidavit were read over and explained to the deponent in Telugu, who admitted them to be true and correct, and signed/thumb-marked before me on this the 6th day of June 2025.

Place: New Delhi
Date: 6th June 2025

Advocate