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. 9 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 to visit the suit locality,
- Note down the physical features, and
- File a report after answering the work memos issued by either party,
- And pass such other orders as the Hon’ble Court deems 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
N.B: Advocate-Commissioner can also be appoint in final decree application for ascertaining the mesne profits under this provision.
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:
- I am the plaintiff in the above suit and the petitioner herein. I am well acquainted with the facts of the case.
- I have filed the present suit for mandatory injunction and other appropriate reliefs. The contents of the plaint may be treated as part and parcel of this affidavit.
- The defendant, Neha Sharma, has started constructing a house on my western side. She is projecting a sunshade into my site by encroaching about half a foot onto my land, without any legal right or authority.
- She has already begun preparatory work, and paranjas have been erected to proceed with the construction of the sunshade. If this is allowed, I will face obstruction, inconvenience, and irreparable harm.
- Hence, I humbly request that this Hon’ble Court appoint an Advocate Commissioner to inspect the suit locality, note down the physical features, and file a report answering the work memos issued by both parties.
Otherwise, the very purpose of filing this suit will be defeated.
Deponent: Arjun Kumar
Solemnly affirmed, and the contents of this affidavit were read over and explained to the deponent in Telugu, and he admitted them to be true and correct. He has signed/thumb-marked before me on this the 6th day of June 2025.
Place: New Delhi
Date: 6th June 2025
Advocate