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Petition for to raise the attachment

IN THE COURT OF THE CITY CIVIL JUDGE, NEW DELHI
E.A. No. 07/2025 in E.P. No. 15/2025 in O.S. No. 1024/2024

Arjun Kumar
S/o Ramesh Kumar, Hindu, aged about 35 years,
Occupation: Businessman,
R/o 123, Green Park, New Delhi.

…Petitioner / 3rd Party

Vs.

1. Neha Sharma
D/o Rajesh Sharma, Hindu, aged about 32 years,
Occupation: Private Employee,
R/o C-56, Lajpat Nagar, New Delhi.

…Respondent No.1 / Decree Holder (DHR)

2. Ramesh Kumar
S/o Late Hari Prasad, Hindu, aged about 62 years,
Occupation: Retired Government Servant,
R/o 123, Green Park, New Delhi.

…Respondent No.2 / Judgment Debtor (JDR)

Petition filed on behalf of the petitioner/3rd party under Or. 21 R. 58  and 151 of CPC

Description of the Petitioner:
Arjun Kumar, S/o Ramesh Kumar, Hindu, aged about 35 years, Businessman, R/o 123, Green Park, New Delhi.
Address for service: Same as above.

Description of Respondents:
Respondent No.1: Neha Sharma, D/o Rajesh Sharma, Hindu, aged about 32 years, Private Employee, R/o C-56, Lajpat Nagar, New Delhi.
Respondent No.2: Ramesh Kumar, S/o Late Hari Prasad, Hindu, aged about 62 years, Retired, R/o 123, Green Park, New Delhi.
Address for service: Same as above.

The petitioner respectfully submits as follows:

  1. That the 2nd respondent/JDR is the father of the petitioner. He had executed a Registered Gift Deed in favor of the petitioner on the occasion of his marriage dated 10.03.2022, conveying the E.P. schedule property as Pasupukumkuma. The said Gift Deed was registered in the office of the Sub-Registrar, New Delhi under Document No. 2345/2022 dated 10.03.2022.
  2. That ever since the execution of the said Gift Deed, the petitioner has been in lawful, continuous, and exclusive possession of the E.P. schedule property and has been regularly paying property tax (cist) to the concerned authorities. The Gift Deed and cist receipts are being filed along with this petition.
  3. That the 1st respondent/DHR filed O.S. No. 1024/2024 for recovery of amount based on a promissory note and secured a decree against the 2nd respondent. Pursuant thereto, she initiated E.P. No. 15/2025 and caused attachment of the property which legally belongs to the petitioner.
  4. The 2nd respondent/JDR does not have any salable interest in the property as of the date of attachment. Therefore, the attachment is illegal, arbitrary, and void ab initio, and is liable to be set aside.
  5. That this being a petition under Order 21 Rule 58 of CPC, a Court fee of Rs. 2/- is paid under Schedule II, Article 11(1)(2) of the A.P. Court Fees & Suits Valuation Act.

PRAYER

The petitioner therefore humbly prays that this Hon’ble Court may be pleased to:

  1. Set aside the order of attachment dated 28.04.2025 in E.P. No. 15/2025 in O.S. No. 1024/2024;
  2. Raise the attachment over the schedule property which is the subject of the above execution;
  3. Award costs of this petition; and
  4. Grant such other reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case.

Advocate for the Petitioner
Petitioner

I do hereby declare that the facts stated above are true to the best of my knowledge, information, and belief.

Place: New Delhi
Date: 06.06.2025

Signature of the Petitioner
Arjun Kumar

List of Documents Filed on Behalf of the Petitioner

  1. Copy of Registered Gift Deed dated 10.03.2022 (Doc. No. 2345/2022)
  2. Copies of Property Tax (Cist) Receipts
  3. Copy of E.P. Schedule Property Description
  4. Copy of Order of Attachment in E.P. No. 15/2025