APPLICATION UNDER ORDER XXXIX R 2-A READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE , 1908 ON BEHALF OF THE PLAINTIFF
IN THE COURT OF SH.______SENIOR CIVIL JUDGE
(DISTRICT ___________), DELHI
IA NO.____________OF 20..
IN
SUIT NO.___________OF 20..
IN THE MATTER OF:
ABC
Versus
XYZ
…DEFENDANT/RESPONDENT
..PLAINTIFF/APPLICANT
APPLICATION UNDER ORDER XXXIX R 2-A READ WITH SECTION 151 OF THE
CODE OF CIVIL PROCEDURE , 1908 ON BEHALF OF THE PLAINTIFF
MOST RESPECTFULLY SHOWETH:
1.
That the above noted suit for injunction is pending before this Hon‟ble Court and
the contents of the plaint be read as part of this application. The
plaintiff/applicant is tenant in suit premises bearing House No………………,
Uttam Nagar, New Delhi and the defendant is landlord of the same.
That on an application U/O 39, R 1 & 2 for interim stay against interference in
peaceful possession of the plaintiff/applicant as well as dispossession from the
said premises, without due process of law was filed by the plaintiff/applicant
against the defendant/respondent alongwith the plaint.
That on dt. …………..this Hon‟ble Court was pleased to grant interim injunction
in favour of the plaintiff/applicant and against the defendant/respondent for not to
interfere in the peaceful possession of the plaintiff/applicant and not to dispossess
him without due process of law from the suit property.
That on dt. …………..the defendant/respondent inspite of the service and
knowledge of the above interim injunction orders dt …………., took forcible
possession of the suit premises with the help of anti social elements in utter
disregard of the orders of this Hon‟ble Court and the applicant/plaintiff‟s
household goods were thrown on the roadside.
That the defendant/respondent has thus knowingly and willfully disobeyed and
violated the injunction orders issued by this Hon‟ble Court on dt. ………… and
rendered himself liable to be detained in civil imprisonment and attachment of his
property. List of properties is attached.
PRAYER:
It is, therefore most respectfully prayed that this Hon‟ble Court may be pleased to:
a) take appropriate action U/O 39 R 2-A of the Code of Civil Procedure and other
provisions of law may be taken against the defendant/respondent and his property may be
directed to be attached and he may be directed to be kept in civil imprisonment for the
maximum term.
b) direct restoration of the possession of the suit property to the plaintiff/applicant.
c) any other appropriate orders/directions may also be passed as may be deemed fit in the
facts and circumstances of the case in favour of plaintiff/applicant.
Plaintiff/Applicant
Delhi.
Dated:
Through
Advocate
(Note: An affidavit, duly attested by oath commissioner, in support of this application is to be
attached with to this application)
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