APPLICATION UNDER ORDER XXXIX RULES 1 AND 2 READ WITH SECTION 151 OF THE C.P.C FOR GRANT OF AN AD – INTERIM INJUNCTION.

APPLICATION UNDER ORDER XXXIX RULES 1 AND 2 READ WITH SECTION 151 OF THE C.P.C FOR GRANT OF AN AD – INTERIM INJUNCTION.

In the court of senior civil judge :Rohini courts                                                               :delhi

civil suit no……..of 2019

in the matter of :

sh. XYZ Sharma                                                     ………..Plaintiff

Versus

Sh. abc Sharma                                                     …………Defendant

            application under order XXXIX rules 1 and 2

read with section 151 of the c.p.c for grant of

an ad – interim injunction.

most respectfully showeth:

1.                  That the Plaintiff has filed accompanying suit for possession / Permanent injunction against the defendant, which is pending adjudication before this Hon’ble Court. the contents of the same may kindly be read as part and parcel of the present application, which are not being reproduced herein for the sake of brevity.

2.                  That the Applicant / Plaintiff has served a legal notice dated 01.10.2019 through his counsel upon the Defendant thereby Plaintiff called upon the Defendant to vacant the suit property but defendant failed to comply the said notice and has threatened the Plaintiff that he will part with possession and create third party in he shop in dispute, therefore, the Plaintiff has apprehension that the Defendant in order to linger on the matter and frustrate the claim  of the Plaintiff may create third party interest, parting with possession, alienating in the suit property, if the Defendant will not restrain by doing the such acts by exparte ad—interim injunction the Plaintiff will suffer irreparable loss and injuries, which cannot be compensated in terms of money.

3.                  That the balance of convenience lies in favour of the Plaintiff and against the Defendant.

4.                  That the Plaintiff has a good prima facie case in his favour and have every hope to succeed in the same.  

It is, therefore, most respectfully and humbly prayed that this Hon’ble Court may be pleased.

(a).       To pass the Ex- parte ad interim injunction in favour of the Plaintiff and against the Defendant, thereby restraining the Defendant, his servants , agents attorneys successors, legal heirs, etc. from transferring, mortgaging, alienating, parting with possession, or creating any third party interest in any manner in respect of the possession of one shop measuring approximately 8’ X 10’ situated at ground floor of the part of property bearing No. HT HADN GALI No. 18  New Delhi, which is shown in red colour in the site plan, till the final suit of the preset suit.

(b).       Any other order or direction which this Hon’ble Court may deem fit and proper may also be passed in favour of the Plaintiff and against the Defendant, to meet the ends of justice.

                       

Plaintiff

                                                Through

Delhi                                                                                               councel

Dated

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