IN THE COURT OF THE CITY CIVIL COURT, NEW DELHI
I.A. No. 23/2025 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 / Defendant
Vs.
Neha Sharma
…Respondent / Plaintiff
Petition filed on behalf of the petitioner/defendant under Sec. 144 of CPC
The petitioner most respectfully states:
That for the reasons mentioned in the accompanying affidavit, the petitioner prays that this Hon’ble Court may be pleased to:
- Direct the respondent/plaintiff to restore possession of the suit schedule property to the petitioner/defendant, in accordance with Section 144 of the Code of Civil Procedure;
- Pass such other order(s) as this Hon’ble Court may deem fit and proper in the circumstances of the case and in the interest of justice.
Place: New Delhi
Date: 6th June 2025
Advocate for the Petitioner / Defendant
IN THE COURT OF THE CITY CIVIL COURT, NEW DELHI
I.A. No. 23/2025 in O.S. No. 1024/2024
Neha Sharma
…Plaintiff
Vs.
Arjun Kumar
…Defendant / Petitioner
Affidavit
I, Arjun Kumar, S/o Ramesh Kumar, Hindu, aged about 35 years, Occupation: Businessman, residing at 123, Green Park, New Delhi, do hereby solemnly affirm and state on oath as follows:
- I am the defendant in the above suit and the petitioner herein. I am fully acquainted with the facts and circumstances of the case.
- The respondent/plaintiff filed the above suit seeking possession of the plaint schedule property and obtained an ex parte decree against me.
- In execution of that ex parte decree, the respondent/plaintiff filed an Execution Petition and took delivery of the suit schedule property through the Hon’ble Court.
- Subsequently, I filed applications for setting aside the ex parte decree along with a delay condonation application. Both applications were allowed, and the ex parte decree was set aside by this Hon’ble Court.
- Therefore, I am legally entitled to the re-delivery of the said property through restitution under Section 144 of CPC.
- I respectfully request this Hon’ble Court to direct the re-delivery of the property mentioned in the suit schedule in the interest of justice.
Failing which, I will suffer irreparable loss and hardship.
Deponent
(Signature of Arjun Kumar)
Solemnly affirmed and signed before me after the contents were read over and explained in Telugu, and admitted by the deponent to be true and correct, this the 6th day of June, 2025.
Place: New Delhi
Date: 6th June 2025
Advocate for the Petitioner / Defendant