suit for permanent injunction against co sharer | injunction against co sharer from raising construction | temporary injunction against co sharer | Suit for stay on agricultural land
Here is the complete format of suit (along with affidavits and stay application) for permanent injunction against a co sharer.
In the Hon’ble court of Additional Civil Judge Senior Division ___________
1- Name & Address of First Plaintiff
2- Name & Address of Second Plaintiff …
…..Plaintiffs.
Versus
Name and address of defendant
-----Defendant
Suit for Permanent injunction
Respected Sir/Madam,
The Plaintiffs most respectfully submits as under:-
1- That
the plaintiffs and defendant along with others are co-sharers, co-owners &
in joint possession of the agrl. land bearing its khewat/khata No. ______________________________________total
measuring ____ kanal _______ marla situated within the revenue estate of
village ________________________. The copy of Jamabandi for the year 2007-08,
Aks Sizra and Mutations are attached herewith the plaint.
2- That
the property mentioned in para no. 1 of the plaint is still joint between the
parties to the suit and with other co-sharers and the same has not been
partitioned so far by metes and bounds by any competent authority and the
parties to the suit are cultivating the land stated in para no. 1 of the plaint
jointly.
3- That
the plaintiffs are going to file partition proceedings with respect to the land
mentioned in para no. 1 of the plaint before A.C Ist Grade _______.
4- That
the suit property i.e Rect. No. ___, Killa No. __________ which is part of the
property mentioned in para no. 1 of the plaint is most valuable and frontal
portion as the said Killa number is adjoining with main rasta.
5-That
the defendant is forcible and strong headed person and he in collusion with his
family members want to sale out the above said killa no. __________ to any
other person without partitioned the land and the defendant also intending and
threatening to change the nature of the Killa ________ of the land mentioned in
para no. 1 of the plaint by raising illegal and unlawful construction over the
valuable and front portion of the land to cause wrongful gain to the defendant
and wrongful loss to the plaintiffs without getting partitioned the same by
metes and bounds and the defendant is also bent upon to construct over the land
more than his share illegally and unlawfully without getting the same
partitioned by metes and bounds.
6- That
the defendant has also collected raw building material near the suit property with intention to raise illegal construction
over the suit land. That the defendant is also intending to sell out his share
in the suit land without doing any partition of the suit land illegally and unlawfully.
That if the defendant succeed in doing so in that case the plaintiffs will
suffer irreparable loss and injury which cannot be compensated with any costs.
7-That
the plaintiffs many times requested the defendant to not interfere in the suit
land without partition of the suit land but the defendant did not adhere on the
request of the plaintiff and is adamant to raise construction or to sell out
the valuable and frontal portion of the suit land without getting the suit land
partitioned by metes and bounds by the competent court of law and without
having any rights title or interest with the suit property. That the defendant finally
declined the request of the plaintiffs on or about _________, hence this is the final date for
cause of action accrued to the plaintiffs for filling the present suit.
8-That
there is no any other case or proceeding is pending or has been decided by any
court of law till now with respect to the suit land mentioned in para no. 1 of
the plaint.
9- That
the parties to the suit resides, suit property situated and the cause of action accrued with the jurisdiction of this
Hon’ble court hence this Hon’ble court has got the jurisdiction to try and
decide this suit.
10-That the value of the suit for the purpose of
court fee is assessed Rs.200/- on which a fixed court fee of Rs.25/- is paid on
the plaint.
Prayer
clause
That the plaintiff therefore
prayed, to this Hon’ble court that a
decree for permanent injunction thereby restraining the defendant from selling
out the Rect. No. _______________ which is part of the land mentioned in para
no. 1 of the plaint without partition of the suit land and the defendant is also
restrained from changing the nature of the suit land by way of raising illegal
and unlawful construction over the suit land more than his share without
getting the suit land partitioned by metes and bounds, may kindly be passed in
favour of the plaintiffs and against the defendant.
And if during pendency of the suit
the defendant succeeded in doing so in that case a decree for mandatory
injunction directing the defendant to restore the suit property in its original
position at his own costs, may kindly be passed in favour of the plaintiffs and
against the defendant with costs of the suit .
And or any other relief which this
Hon’ble court deems fit and proper may also be awarded in favour of the
plaintiffs and against the defendant in the interest of justice.
|
Verification: Verified that the contents of
paras no. 1 to 8 & prayer clause of the plaint are correct and true to
the best of my knowledge and no. 9 & 10 are my belief. Verified at Through Counsel |
|
Plaintiffs Name of the plaintiffs |
In
the Hon’ble court of Add. Civil Judge Sr. Div._
_____________ Vs
_______________
Suit for Permanent injunction
Affidavit.
I, _______________Name of the plaintiff
________________, do hereby solemnly affirm and declare as under :-
1- That
the deponent/plaintiff has filed the present suit before this Hon’ble court and
the contents of which may be read as a part and parcel of this affidavit. That
the all contents of the suit have been explained by my counsel to me in a
simple Hindi Versions which are accepted to me as true and correct.
Deponent
Verification: Verified that the contents of this affidavit are correct and true to the best of my knowledge and belief and nothing has been concealed there in. Verified at ………………
Deponent
In
the Hon’ble court of Add. Civil Judge Sr. Div. ________
_____________ Vs _______________
Suit for Permanent injunction
Application u/0 39 rule 1 and 2 read with
Section 151 of CPC.
Respected
Sir,
The applicants/plaintiffs
most respectfully submits as under:-
1- That
the applicants/plaintiffs have filed the present suit before this Hon’ble court
and the contents of which may be read as part and parcel of this application.
2- That
the applicants/plaintiffs and the defendant along with others are co-owners,
co-sharers and in joint possession of the property fully mentioned in para no.
1 of the plaint.
3- That
the property mentioned in para no. 1 of the plaint is still joint between the
parties to the suit and has not partitioned so far by metes and bounds and the
parties to the suit are cultivating the suit land stated in para no. 1 of the
plaint jointly with each others.
4- That
the suit property i.e Rect. No. ________________ which is part of the property
mentioned in para no. 1 of the plaint is most valuable and frontal portion as
the said Killa number is adjoining with main rasta.
5- That
the defendant is forcible and strong headed person and he in collusion with his
family members want to sale out the above said killa no. ___________ to any
other person without partitioned the land and the defendant also intending and
threatening to change the nature of the ____________ of the land mentioned in
para no. 1 of the plaint by raising illegal and unlawful construction over the
valuable and front portion of the land to cause wrongful gain to the defendant
and wrongful loss to the plaintiffs without getting partitioned the same by
metes and bounds and the defendant is also bent upon to construct over the land
more than his share illegally and unlawfully without getting the same
partitioned by metes and bounds.
6- That
the defendant has also collected raw building material near the suit property
with intention to raise illegal construction over the suit land. That the
defendant is also intending to sell out his share in the suit land without
doing any partition of the suit land illegally and unlawfully. That if the
defendant succeed in doing so in that case the plaintiffs will suffer
irreparable loss and injury which cannot be compensated with any costs
7- That
the applicant/plaintiff has a good prima facie case and the balance of
convenience is also lies in his favour.
8- That
the applicant/plaintiff therefore prayed, to this Hon’ble court to pass an
exparte ad-interim injunction order thereby restraining the defendants from selling
out the Killa Number ____________ which is part of the land mentioned in para
no. 1 of the plaint without partition the land by metes and bounds and the defendant
be restrained from changing the nature of the suit land by way of raising
illegal and unlawful construction over the said killa number more than their share
without partitioned the suit land, may kindly be passed in favour of the
plaintiff and against the defendants till final date of decision of the case,
in the interest of justice.
Dt. …………
Applicants/Plaintiffs
Names
|
|
In
the Hon’ble court of Add. Civil Judge Sr. Div. ____________
_____________ Vs
_______________
Suit for Permanent injunction
Application u/0 39 rule 1 and 2 read with
Section 151 of CPC.
Affidavit.
I, _________________Name of the
plaintiff___________, do hereby solemnly affirm and declare as under :-
1- That the deponent/plaintiffs have filed the present suit before this Hon’ble court along with the injunction application and the contents of which may be read as a part and parcel of this affidavit.
2- That the all contents of the application explained by my counsel to me in a simple Hindi Versions which are accepted to me as true and correct.
Deponent
Verification:
Verified that the contents of this affidavit are correct and true to the best
of my knowledge and belief and nothing has been concealed there in. Verified
at ……………….
Deponent
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