IN THE COURT OF DISTRICT & SESSIONS JUDGE;

DIST.___________; XXXXXXXX  COURTS; DELHI.

CIVIL SUIT NO._______ OF 20__.

IN THE MATTER OF:-

MR.XXXXXXXXXXX                                        : PLAINTIFF

VERSUS

MRS. XXXXXXXXXX & ANR.                         : DEFENDANTS

 (P.S.: …………)

APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 SEEKING AD-INTERIM EX-PARTE INJUNCTION.

MOST RESPECTFULLY SHOWETH:-

1.              That the Plaintiff has filed the accompanying suit inter-alia for grant of decree of Partition, declaration, permanent and mandatory injunction against the Defendant from alienating the share of the suit property of the plaintiff. The contents of the accompanying suit may kindly be read as parcel of this application and the same are not being repeated herein for the sake of brevity.

2.              That the plaintiff is having the legal rights over the suit property, however the defendant had been trying to deprive the plaintiff from their legal rights over the suit property.

3.              That it has come to the knowledge of the Plaintiff that the Defendant in a conspiracy is trying to create a third party interest in the suit Property and is in the process tried to cheat the Plaintiff by selling his rightful share.

4.              That this application is necessitated in as much as the Defendant is in a process of selling the suit Property and dispossessing the plaintiff from his rightful share of the suit property by creating forged documents and if not immediately stopped by this Hon’ble Court then the Plaintiff shall be gravely prejudiced and it will also render the instant suit infructuous.

5.              That in case the defendant succeeds in his ill motives / intentions then the plaintiff shall suffer irreparable loss.

6.              That even otherwise the Plaintiff has very good prima facie case in his favour and the balance of convenience also lies in favour the plaintiff and against the Defendant.

7.              That the Plaintiff shall suffer irreparable loss and injury which cannot be compensated in terms of time and money if the Defendant is not restrained by way of an ex-parte ad- interim Injunction.

8.              That no harm or loss is likely to be caused to anyone much less to the Defendant herein if the relief(s) prayed for is granted.

PRAYER:-

It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to;-

(a)        Restrain the Defendant, their agents, attorneys, representatives, assigns etc., from creating a third party interest in the suit property bearing no.____________________, New Delhi-1100__, and restrain them from alienating, transferring the suit properties to any third party during the pendency of the present suit;

(b)       Pass an ad-interim / ex-parte injunction in favour of the plaintiff and against the defendant for restraining the defendant from illegally and unlawfully dispossessing the plaintiff and not to enter into the shared portion of the plaintiff of the suit property during the pendency of the present suit; and/or

(c)        Pass ex-parte ad interim orders in terms of prayer (a);

(d)       Pass any other order or further order(s) which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.

PLAINTIFF

DELHI                THROUGH

DATED:-

                                                                                                      ADVOCATE