Civil Pleading - Application_for_Temporary_Injunction_Order39_Clean_Format

Category: Civil Law Documents

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APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER XXXIX, RULE 1 & 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 IN THE COURT OF SENIOR CIVIL JUDGE (DISTRICT ________), DELHI IA NO. ___________ OF 20… IN SUIT NO. ___________ OF 20... IN THE MATTER OF: Sh. Om Veer Singh, S/o ____________ R/o …… VERSUS 1. Dr. U. Basu S/o _____________________, R/o ….. 2. Sh. Tapan Kumar, S/o _________________, R/O…. DEFENDANTS/RESPONDENTS PLAINTIFF/APPLICANT APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER XXXIX, RULE 1 & 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 MOST RESPECTFULLY SHOWETH: 1. That the plaintiff has filed a suit for permanent injunction which is pending for disposal before this Hon‟ble Court. 2.

That the contents of the accompanying suit for permanent injunction may kindly be read as a part and parcel of this application, which are not repeated here for the sake of brevity. 3. That the plaintiff/applicant has got a prima facie case in his favour and there is likelihood of success in the present case. 4. That in case the defendants are not restrained by means of ad-interim injunction for dispossessing the plaintiff from the above said premises no. _________ Uttam Nagar, New Delhi and from interfering in physical peaceful possession of the above said premises, the plaintiff shall suffer irrepairable loss and injury and the suit shall become anfractuous and would lead to multiplicity of the cases. 5. That the balance of convenience lies in favour of the plaintiff and against the defendants.

PRAYER: It is, therefore, most respectfully prayed that this Hon‟ble Court may be pleased to:- a) Pass ex-parte ad interim injunction restraining the defendants, their associates, servants, agents and their representatives from interfering with the peaceful physical possession of the plaintiff in the above said premises and from dispossessing the applicant/plaintiff from the same. b) pass such other and further order(s) as may be deemed fit and proper on the facts and in the circumstances of this case. Plaintiff /Applicant Place: Date: Through Advocate