In The Court of Civil Judge (Junior Division)No.

Jaipur Metropolitan, Jaipur

Written Statement No - /2017

Written Statement filed under Order 8 CPC, 1908
1- Ragini Devi, W/o Shree Ram Kumar, Age- 35
years, Caste- Kumar, Address- House No. 32, New
Colony, Kalwad Road, Jaipur, Rajasthan.
2- Ram Kumar, S/o Shree Jagdish Kumar, Age- 38,
Caste- Kumar, Address- House No. 32, New Colony,
Kalwad Road, Jaipur, Rajasthan.
--------Plaintiff
Versus
Kapil Israni S/o Shree Bhagwan Das Israni, Age- 33,
Caste- Sindhi, Address- Plot No. 200, Civil Lines,
Jaipur, Rajasthan.
-------Defendant
 Suit for Permanent Injunction

MAY IT PLEASE YOUR LORDSHIPS,

The humble Defendant most respectfully submits the
following facts necessary for adjudicating the case:-
1- That at the out-set, the suit filed by the Plaintiffs is
prima facie not maintainable neither in law nor on
the facts of the case and the same is liable to be
dismissed illumine.
2- That the Respondents are conversant and in no
dispute with the facts of the above titled case.
3- That it is humbly submitted that the eastern side of
plot number 116-A of the whole plot was sold to the
Defendant by Arjun Kumar and later on the rest
remaining part of the eastern side of the whole plot
has transferred to Ashok Kumar and as per the
agreement after selling of eastern part of whole plot,
rest land remained in possession of Plaintiff.
4- That on 25-08-2009 it was mutually decided by both
the parties in written agreement that Plaintiff No. 1
will give 1 feet space to Defendant adding on to the
gallery from Plaintiffs portion as it was the only
 way for the entry and exit i.e. elementary right of
Defendant and in return the Defendant will construct
RCC ceiling for the Plaintiff.
5- That the Defendant as per the agreement constructed
RCC ceiling for Plaintiff and even Defendant was
declared as the owner of said gallery.
6- That the Defendant did not have any malafide
intension while constructing 21 feet high wall in 4
feet space because he was already declared as owner
of that space so the allegations raised by Plaintiff are
totally vague and frivolous and the same was also
approved by Development Authority. Further the
Plaintiff has no right to claim permanent injunction
to restrain the Defendant to sell the disputed land to
anyone.
7- That there is no illegal possession on the land by the
Defendant and being an owner of the land he has
right to sell plot to anyone. Further. Defendant is not
planning to sell the disputed land as the case is being
filed before this Honble court to adjudicate so there
is no urgency in this case.
 8- That there is no malafide intention on the part of the
Defendant while legally possessing the land and
there is no injury to the Plaintiff, so the claim raised
by Plaintiff of irreparable injury is not sustainable at
all.

It is humbly submitted that, This Defendant craves for

kind indulgence of this Honble Court and this Honble
Court may be pleased to allow this Defendant to raise
additional grounds, if any, at the time of hearing the suit.

WHEREOF, in the above facts and circumstances of the

case, it is most respectfully prayed, that, this Honble
Court may be pleased to dismiss the suit filed by the
Plaintiffs against this Defendants along with exemplary
costs in the interest of justice and equity.

Jaipur: Defendant
Date: (Kapil Israni)
 VERIFICATION

I, Kapil Israni S/O Shree Bhagwan Das Israni, Age-

33 Years, Caste- Sindhi, Address- Plot No. 200, Civil
Lines, Jaipur, Rajasthan, Defendant, do hereby verify
and declare that the content of Paragraph 1 to 5 what
is stated above is true and correct to the best of my
knowledge and the facts of paragraph No. 6 to 8 I
believe to be true and lawful. Nothing material has
been concealed therein and no part of it is false.

Advocate: Defendant
(Kapil Israni)
 Before The Civil Judge (Junior Division)No.
Jaipur Metropolitan, Jaipur
AFFIDAVIT IN SUPPORT OF Written Statement
In The Court of Civil Judge (Junior Division)No.
Jaipur Metropolitan, Jaipur
In the case of
1. Ragini Devi, W/o Shree Ram Kumar, Age- 35 years,
Caste- Kumar, Address- House No. 32, New Colony,
Kalwad Road, Jaipur, Rajasthan.
2. Ram Kumar, S/o Shree Jagdish Kumar, Age- 38,
Caste- Kumar, Address- House No. 32, New Colony,
Kalwad Road, Jaipur, Rajasthan.
--------Plaintiff
Versus
Kapil Israni S/o Shree Bhagwan Das Israni, Age- 33,
Caste- Sindhi, Address- Plot No. 200, Civil Lines,
Jaipur, Rajasthan.
-------Defendant
 VERIFYING AFFIDAVIT

I Kapil Israni S/O Shree Bhagwan Das Israni, Age- 33,

Caste- Sindhi, Address- Plot No. 200, Civil Lines,
Jaipur, Rajasthan, defendant, herein above solemnly
affirm and state on oath as follows:
1. I submit that, I am the Defendant in the above case. I
am well conversant with the facts of the case. Hence, I
am swearing to the contents of this affidavit.
2. I submit that, today I have filed written statement in
the above Suit. The suit is one for permanent injunction
filed by Plaintiff against this Defendant. Further, I
submit, that, the averments made in the W/s may
kindly be read as part and parcel of this affidavit in
order to avoid repetition of facts.
 3. I submit that, the averments made in Para 1 to 8 of
the accompanying W/s are true and correct to the best
of my knowledge, information and belief.
4. I submit that, the Documents will be produced after
plaintiff necessarily pleads necessary material
particulars in their incomplete pleadings.
I, the deponent herein, do hereby declare that this is our
name, signature and that the contents of this affidavit are
true and correct to the best of our knowledge, information
and belief.

Jaipur: Defendant
Date: (Kapil Israni)