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Petition to resistance or obstruction to possession of immovable property

IN THE COURT OF THE……..

E.A. No………….in E.P. No…………..in O.S No……….

Between                                                                     

…Petitioner/3rd party

                                    Vs.

…Respondent/DHR

… Respondent/JDR

…Respondent/JDR

Petition filed on behalf of the petitioner/3rd party under Or.21 R 97 & 101 r/w. Sec. 47 and 151 of CPC

  1. Description of the Petitioner: ………… W/o. ……… religion …….. aged about ……… occupation ………… R/o. ………….

Address for service is the same as stated above.

  • Description of the Petitioner: ………… W/o. ……… religion …….. aged about ……… occupation ………… R/o. ………….

Second Respondent is …………. S/o. ………. Religion …….. aged about……. Occupation…………R/o. ……….

Third Respondent is …………. S/o. ………. Religion …….. aged about……. Occupation…………R/o. ……….

Address for service is the same as stated above.

  • The petitioner submits that she is the daughter of the second respondent and sister of third respondent herein. The respondents 2 and 3 colluded together with first respondent and executed a nominal agreement of sale of joint family property i.e. petition scheduel property. In persuance of said alleged agreement of sale the first respondent filed the suit for specific performance of contract and it was decreed in favour of the first respondent. The first respondent filed E.P for obtaining sale deed from the Hon’ble court alleging that the respondents 2 and 3 are not cooperating to execute a regular sale deed and the said E.P is pending before this Hon’ble court for registration of the said sale deed.
  • Recently about 2 days back I came to know about all those things. I submit that I am also having 1/3rd right in the E.P schedule property along with the respondents 2 and 3. The respondents 2 and 3 have no right to alienate or to execute any transaction so far my 1/3rd share is concerned. At this juncture I submit that I am entitled for 1/3rd share in the E.P schedule property and declare me to get 1/3rd share in the E.P schedule property and execute the sale deed only for 2/3 i.e. the shares of respondents 1 and 2.
  • This being a petition court fee of Rs.2/- is paid herewith under Sch 2 Art. 11 (1)(2) APCF&SV Act.
  • The petition therefore prays that the Hon’ble court may be pleased to
  • To declare that the petitioner is entitled 1/3rd share in the E.P schedule property.
  • To execute the sale deed in favour of first respondent for the remaining 2/3rd share in the E.P schedule property.
  • For costs and
  • For such other reliefs as the Hon’ble court deems fit and proper under the circumstance of the case and in the interest of justice.

Advocate for Petitioner                                                                           

     Petitioner

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

Petitioner

Place:

Date: