Civil applications

Application under Order 39 Rules 1-2 read with Section 151 CPC for ad-interim ex-parte injunction

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IN THE COURT OF THE DISTRICT & SESSIONS JUDGE

DISTRICT: District name; Number of courts COURTS; DELHI

CIVIL SUIT NO. Suit number OF 20Year of suit

IN THE MATTER OF:

Plaintiff's name: PLAINTIFF

VERSUS

Defendant's name & ANR.: DEFENDANTS

(Police Station: Police station)

APPLICATION UNDER ORDER 39 RULES 1 & 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 SEEKING AN AD-INTERIM EX-PARTE INJUNCTION

MOST RESPECTFULLY SHOWETH:-

1.That the Plaintiff has filed the accompanying suit, inter alia, for a decree of partition, declaration, and permanent and mandatory injunction against the Defendant, restraining the Defendant from alienating the Plaintiff's share in the suit property. The contents of the accompanying suit may kindly be read as part and parcel of this application, and the same are not repeated herein for the sake of brevity.
2.That the Plaintiff has legal rights over the suit property; however, the Defendant has been attempting to deprive the Plaintiff of those legal rights over the suit property.
3.That it has come to the knowledge of the Plaintiff that the Defendant, in conspiracy with others, is attempting to create third-party interests in the suit property and has been trying to cheat the Plaintiff by selling the Plaintiff's rightful share therein.
4.That this application has become necessary because the Defendant is in the process of selling the suit property and dispossessing the Plaintiff from the Plaintiff's rightful share therein by creating forged documents. If the Defendant is not immediately restrained by this Hon'ble Court, the Plaintiff shall be gravely prejudiced, and the present suit shall be rendered infructuous.
5.That if the Defendant succeeds in these ill motives and intentions, the Plaintiff shall suffer irreparable loss.
6.That, in any event, the Plaintiff has a very good prima facie case in his favour, and the balance of convenience also lies in favour of the Plaintiff and against the Defendant.
7.That the Plaintiff shall suffer irreparable loss and injury, which cannot be compensated in terms of money, if the Defendant is not restrained by way of an ad-interim ex-parte injunction.
8.That no harm or loss is likely to be caused to anyone, much less to the Defendant, if the relief(s) prayed for are granted.

PRAYER:-

It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:

(a)Restrain the Defendant, their agents, attorneys, representatives and assigns, from creating any third-party interest in the suit property bearing no. Suit property number, New Delhi-1100Pin code last two digits, and from alienating or transferring the suit property to any third party during the pendency of the present suit;
(b)Pass an ad-interim / ex-parte injunction in favour of the Plaintiff and against the Defendant, restraining the Defendant from illegally and unlawfully dispossessing the Plaintiff, and from entering the Plaintiff's share of the suit property, during the pendency of the present suit; and/or
(c)Pass ex-parte ad-interim orders in terms of prayer (a);
(d)Pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.

PLAINTIFF

THROUGH

ADVOCATE

PLACE: DELHI

DATED:

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