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APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER XXXIX

Updated: Oct 7

APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER XXXIX, RULE 1 & 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908




IN THE COURT OF SENIOR CIVIL JUDGE (DISTRICT ________), DELHI

 IA NO. ___________OF 20…

             IN

SUIT NO. ___________OF 20...

IN THE MATTER OF:

Sh. Om Veer Singh, S/o ____________

R/o ……

VERSUS

1. Dr. U. Basu S/o _____________________,

   R/o …..

2. Sh. Tapan Kumar, S/o _________________,

   R/O….

DEFENDANTS/RESPONDENTS

PLAINTIFF/APPLICANT

APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER XXXIX, RULE

 1 & 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908

MOST RESPECTFULLY SHOWETH:

    1. That the plaintiff has filed a suit for permanent injunction which is pending for

disposal before this Hon‟ble Court.

    2. That the contents of the accompanying suit for permanent injunction may kindly be

read as a part and parcel of this application which are not repeated here for the sake of

brevity.

    3. That the plaintiff/applicant has got a prima-facie case in his favour and there is

likelihood of success in the present case.

    4. That in case the defendants are not restrained by means of ad-interim injunction for

dispossessing the plaintiff from the above said premises no. _________ Uttam Nagar, New

Delhi and from interfering in physical peaceful possession of the above said premises, the

plaintiff shall suffer irrepairable loss and injury and the suit shall become anfractuous and

would lead to multiplicity of the cases.

    5. That the balance of convenience lies in favour of the plaintiff and against the

defendants.

PRAYER:

     It is, therefore most respectfully prayed that this Hon‟ble Court may be pleased to :-

    a) Pass ex-parte ad interim injunction restraining the defendants, their associates,

servants, agents and their representatives from interfering into the peaceful physical

possession of the plaintiff in the above said premises and from dispossessing the

applicant/plaintiff from the same.

 b) pass such other and further order(s) as may be deemed fit and proper on the facts and

in the circumstances of this case.

Plaintiff /Applicant

Place:

Date:

Through

Advocate

[NOTE : This Application has to be supported by an affidavit].


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