APPLICATION UNDER ORDER XXXIX RULES 1 AND 2 READ WITH SECTION 151 OF THE C.P.C FOR GRANT OF AN AD – INTERIM INJUNCTION.
Delhi councel
Phone Tapping other than Public Emergency or In Interest of Public Safety violate Right to Privacy: BHC
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
Dated
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