Hey friends here I will discuss about the format of a civil suit for permanent injunction in case of when a stranger person make interference into the possession, use and enjoyment of the suit property of a lawful owner. In this situation we can institute a suit for permanent injunction against that stranger person in competent court of law and can obtain restrain order in order to stop the bad act and conduct of the stranger person against the suit property.
IN THE HON’BLE COURT OF ADD. CIVIL JUDGE SR. DIV.
Harkesh son of Sh.
______________________.
…..Plaintiff
Versus
…..Defendants
Suit for Permanent injunction
R/sir,
The Plaintiff most
respectfully submits as under:-
1- That
the Plaintiff and his brother namely Harjeet are absolute owners in possession
of a gair mumkin gait bearing its Khewat/Khatoni no. 355/356, Rect. No.___,
Killa No. 17/2(0-3) measuring 0 kanal 3 marla situated within the revenue
estate of Village ______vide Jamabandi for the year 2018-19, which is attached
herewith the plaint.
2- That
previously the father of the plaintiff namely late Sh. Babu Lal was owner in possession of the suit
property mentioned in para no. 1 of the plaint who has been expired and now the
plaintiff and his brother Harjeet are the only legal heirs of Late Sh. Babu Lal
and the plaintiff and his brother is now owner in possession of the suit
property.
3- That
the plaintiff and his brother have been using the suit property mentioned in
para no. 1 of the plaint for the purpose of Gitwar. The defendants no. 1 and
2 are totally stranger qua the suit property mentioned in para no.1 of the
plaint and they have no right, title or interest in the suit property in any
manner.
4- That
the defendants being forcible and strong headed persons and with the help of
some bad elements and unsocial persons are bent upon to interfere into the
peaceful and lawful possession of the plaintiff and wants to dispossess the
plaintiff from the suit property by way of raising illegal and unauthorized
construction over the suit land illegally, forcefully and without having any
rights, title or interest in the same.
5- That
the defendants have collected building material near the suit property and
started to dug foundation in the suit property and intend to interfere in the
use of the Gait of the plaintiff and wants to do illegal construction over the
property of the plaintiff. If the
defendants succeed in their evil motive and mission in that case the plaintiff
will suffer an irreparable loss and injury, which cannot be compensated in
terms of money.
6- That
the plaintiff asked the defendants several times to see reason and admit the
genuine and legitimate legal claim of the plaintiff over the suit property but
the defendants in spite this are bent upon to interfere into the peaceful and
lawful possession of the plaintiff and want to grab the property of the
plaintiff illegally and unlawfully by way of raising construction over the same.
The plaintiff made request to the defendants and requested to them to not
interfere in the peaceful possession and not to do any illegal construction
over the suit property but the defendants did not pay any heed on the request
of the plaintiff. The defendants finally decline the genuine request of the
plaintiff on dated ________, and this is the final date for cause of action
accrued to the plaintiff for filling the present suit.
7- That
there is no any other suit of this nature either pending or has been decided by
any other court of law regarding the suit property.
8- That
the suit property situated and the cause of action arose with the jurisdiction
of this Hon’ble court hence this Hon’ble court has got the jurisdiction to try
and decide this suit.
9- 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.
10- That the plaintiff therefore prayed, to this
Hon’ble court that a decree for permanent injunction thereby restraining the
defendants from interfering into the peaceful and lawful ownership &
possession of the plaintiff and also restraining the defendants from raising
any construction over the suit property illegally, unlawfully and forcefully in
any manner, may kindly be passed in favour of the plaintiff and against the
defendants, with costs of this suit.
If the defendants, succeeded in doing so
during the pendency of the suit, in that case, a decree of mandatory
Injunction, directing the defendants to remove the same and to restore the
original status of the suit land mentioned in para no. 1 of the plaint at their
own costs, may kindly be passed in favour of the plaintiff and against the
defendants with costs.
And or any other relief which this Hon’ble court deems fit and proper may also be awarded in favour of the plaintiff and against the defendants in the interest of justice.
|
Verification:
Verified that all the contents of para no. 1 to 7 and 10 of the plaint are
correct and true to the best of our knowledge and 8 & 9 are our belief. Verified at
________ |
Plaintiff
Harkesh
Through Counsel
IN THE HON’BLE COURT OF ADD. CIVIL JDUGE SR. DIV.
Harkesh Vs. Rajpal and other
Suit for Permanent Injunction
Application by the applicant Under Order 39 Rule 1 & 2 read with Section 151 CPC praying for grant of ex-parte ad-interim injunctive Order.
Respected
Sir,
The applicant/plaintiff most respectfully
submits as under:-
1-That the applicant/plaintiff has 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 after the death of the father of the
plaintiff, the plaintiff and his brother Harjeet have been coming owner in
possession of the suit property mentioned in para no. 1 of the plaint.
3- That the plaintiff have been using the suit
property mentioned in para no. 1 of the plaint for the purpose of Gitwar. The
defendants no. 1 and 2 are totally stranger qua the suit property mentioned in
para no.1 of the plaint and they have no right, title or interest in the suit
property in any manner.
4- That the defendants being forcible and strong
headed persons and with the help of some bad elements and unsocial persons are
bent upon to interfere into the peaceful and lawful possession of the plaintiff
and wants to dispossess the plaintiff from the suit property by way of raising
illegal and unauthorized construction over the suit land illegally, forcefully
and without having any rights, title or interest in the same.
5-That the defendants have collected building
material near the suit property and started to dug foundation in the suit
property and intend to interfere in the use of the Gait of the plaintiff and
wants to do illegal construction over the property of the plaintiff. If the
defendants succeed in their evil motive and mission in that case the plaintiff
will suffer an irreparable loss and injury, which cannot be compensated in
terms of money.
6-That the plaintiff has good prima facie case
and balance of convenience is also lied in her favour.
7-That the applicant/plaintiff therefore prayed, to this Hon’ble court that an ad-interim injunction order thereby restraining the defendants from interfere into the peaceful and lawful ownership & possession of the plaintiffs and also restraining the defendants from raising any construction illegally, unlawfully and forcefully over the suit land mentioned in para no. 1 of the plaint till the final disposal of the case, may kindly be passed in favour of the plaintiff and against the defendants, with costs of this suit. Dated :-
Applicant/ Plaintiff
Harkesh
Through Counsel
IN THE HON’BLE COURT OF ADD. CIVIL JDUGE SR. DIV.
Harkesh Vs. Rajpal and others
Suit for Permanent Injunction
Application by the applicant Under Order 39 Rule 1 & 2 read with Section 151 CPC praying for grant of ex-parte ad-interim injunctive Order.
Affidavit
I, Harkesh son of Sh. ______________________, do here by solemnly affirm and declare as under:-
1- That the deponent/plaintiff has filed the
present injunction application Under Order 39 Rule 1 & 2 read with Section
151 CPC praying for grant of ex-parte ad-interim injunctive Order 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
IN THE HON’BLE COURT OF ADD. CIVIL JDUGE SR. DIV.
Harkesh Vs. Rajpal and others
Suit for Permanent Injunction
Affidavit
I, Harkesh son of Sh. __________________, do here by solemnly affirm and declare as under:-
1- That the deponent/plaintiff has 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 suit 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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