IN THE COURT OF LD DISTRICT JUDGE,

ROHINI COURTS, DELHI

CS   NO.     /20XX

      IN THE MATTER OF :

      Mrs. XXXXX                                                            ….Plaintiff

Versus

      Smt. Krishna Devi and others                           ….Defendants

APPLICATION  UNDER  ORDER 39 RULE 1 AND 2, READ WITH SECTION 151 OF C.P.C  FOR GRANTING THE PROHIBITORY INJUNCTION AGAINST THE DEFENDANTS.

MOST RESPECTFULLY SHOWETH:

1.       That the Plaintiff has filed the suit for Partition, which is pending for adjudication before this Hon’ble Court.

2.     That the contents of the partition suit, shall be read as part and parcel of this application which are not being reproduced herein for sake of brevity.

3.    The plaintiff apprehends, in view of the facts and circumstance given the accompanying partition suit, that the defendants will transfer/alienate/mortgage or create third party interest in the suit property, and will refrain the plaintiff for getting the 1/7^th share in the suit property.

4.  That the Plaintiff submit that unless all the Defendants are restrained, from transferring/alienating/mortgaging or creating third party interest in the suit property, irreparable harm, loss and injury would be caused to the Plaintiff, which cannot be compensated in terms of money and the very purpose of filing the instant suit will be defeated. 

5.           That the balance of convenience is in the favor of the plaintiff and against the defendants and the plaintiff will succeed in the suit in all probabilities.

Prayer

In view of above facts and circumstances, it is therefore most respectfully and humbly prayed that this Hon’ble Court may graciously be pleased to:-

a.   Pass ex-parte interim order by restraining all the defendant No. 1 to 6, and their agents, administrators, attorneys and representatives, from selling, transferring, alienating, mortgaging, or creating third party charge in the suit property, situated at Flat no. XX, XXXXX, X.X.X.X LTD, Plot No. X, XXXXX, Delhi -110XXX, more specifically shown in the attached site plan.

b.   Pass such other and further order as this Hon’ble Court deems fit and proper in the facts and circumstances of this case in favor of the Plaintiff and against the Defendants.

                                                                                                   Plaintiff

Place: New Delhi

Date:                                           Through                                                                                                                                                                                                COUNSEL

                                                                       XXXXXXXXX & ASSOCIATES                                

Office No.1, XXXXX, Delhi-XX,
(M)-XXXXXXXXXXX

IN THE COURT OF LD DISTRICT JUDGE,

ROHINI COURTS, DELHI

CS   NO.     /20XX

     IN THE MATTER OF :

     Mrs. XXXXX                                                             ….Plaintiff

Versus

     Smt. XXXXXXXX and others                           ….Defendants

AFFIDAVIT

I, Mrs.  XXXX, aged about XX years,  Wife of  Shri XXXX  daughter of Late Sh. XXXXX R/O Flat no. XX, Pocket XX, Sector XX, XXXXX, Delhi, do hereby solemnly affirm and declare as under:

1.   That I am the Plaintiff in the above-mentioned case and as such well conversant with the facts and circumstances of the case hence competent to swear this  affidavit.

2.   That the accompanying application, has been drafted by my counsel under my instructions and its content  have been read over and explained to me in my vernacular, which are true and correct to my knowledge and belief and its contents  shall  be read as part and parcel of this affidavit, which are not repeated herein for the sake of brevity.

DEPONENT

VERIFICATION:

I, Mrs.  XXXX, the deponent above named do hereby verify that the contents of above affidavit are true to my knowledge and belief, no part of the same is false and nothing material has been concealed therefrom.

Verified at  Delhi on ………. Day of      , 20XX.

                                                                                   DEPONENT