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suit for permanent injunction against co sharer

suit for permanent injunction against co sharer | injunction against co sharer from raising construction | temporary injunction against co sharer | Suit for stay on agricultural land 


Here is the complete format of suit (along with affidavits and stay application) for permanent injunction against a co sharer. 

                


       In the Hon’ble court of Additional Civil Judge Senior Division ___________


   1- Name & Address of First Plaintiff 

    2- Name & Address of Second Plaintiff  

                                                           …..Plaintiffs.

Versus

      Name and address of defendant

                                                        -----Defendant

 

Suit for Permanent injunction

Respected Sir/Madam,

                           The Plaintiffs most respectfully submits as under:-

1-   That the plaintiffs and defendant along with others are co-sharers, co-owners & in joint  possession of  the agrl. land bearing its khewat/khata No. ______________________________________total measuring ____ kanal _______ marla situated within the revenue estate of village ________________________. The copy of Jamabandi for the year 2007-08, Aks Sizra and Mutations are attached herewith the plaint.

2-   That the property mentioned in para no. 1 of the plaint is still joint between the parties to the suit and with other co-sharers and the same has not been partitioned so far by metes and bounds by any competent authority and the parties to the suit are cultivating the land stated in para no. 1 of the plaint jointly.

3-    That the plaintiffs are going to file partition proceedings with respect to the land mentioned in para no. 1 of the plaint before A.C Ist Grade _______. 

4-    That the suit property i.e Rect. No. ___, Killa No. __________ which is part of the property mentioned in para no. 1 of the plaint is most valuable and frontal portion as the said Killa number is adjoining with main rasta.

5-That the defendant is forcible and strong headed person and he in collusion with his family members want to sale out the above said killa no. __________ to any other person without partitioned the land and the defendant also intending and threatening to change the nature of the Killa ________ of the land mentioned in para no. 1 of the plaint by raising illegal and unlawful construction over the valuable and front portion of the land to cause wrongful gain to the defendant and wrongful loss to the plaintiffs without getting partitioned the same by metes and bounds and the defendant is also bent upon to construct over the land more than his share illegally and unlawfully without getting the same partitioned by metes and bounds.

6- That the defendant has also collected raw building material near the suit property  with intention to raise illegal construction over the suit land. That the defendant is also intending to sell out his share in the suit land without doing any partition of the suit land illegally and unlawfully. That if the defendant succeed in doing so in that case the plaintiffs will suffer irreparable loss and injury which cannot be compensated with any costs.

7-That the plaintiffs many times requested the defendant to not interfere in the suit land without partition of the suit land but the defendant did not adhere on the request of the plaintiff and is adamant to raise construction or to sell out the valuable and frontal portion of the suit land without getting the suit land partitioned by metes and bounds by the competent court of law and without having any rights title or interest with the suit property. That the defendant finally declined the request of the plaintiffs on or about  _________, hence this is the final date for cause of action accrued to the plaintiffs for filling the present suit.

8-That there is no any other case or proceeding is pending or has been decided by any court of law till now with respect to the suit land mentioned in para no. 1 of the plaint.

9-  That the parties to the suit resides, suit property situated  and the cause of  action accrued with the jurisdiction of this Hon’ble court hence this Hon’ble court has got the jurisdiction to try and decide this suit.

10-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.

Prayer clause

                      That the plaintiff therefore prayed, to this Hon’ble court that  a decree for permanent injunction thereby restraining the defendant from selling out the Rect. No. _______________ which is part of the land mentioned in para no. 1 of the plaint without partition of the suit land and the defendant is also restrained from changing the nature of the suit land by way of raising illegal and unlawful construction over the suit land more than his share without getting the suit land partitioned by metes and bounds, may kindly be passed in favour of the plaintiffs and against the defendant.

           And if during pendency of the suit the defendant succeeded in doing so in that case a decree for mandatory injunction directing the defendant to restore the suit property in its original position at his own costs, may kindly be passed in favour of the plaintiffs and against the defendant with costs of the suit . 

          And or any other relief which this Hon’ble court deems fit and proper may also be awarded in favour of the plaintiffs and against the defendant in the interest of justice.   

Verification: Verified that the contents of paras no. 1 to 8 & prayer clause of the plaint are correct and true to the best of my knowledge and no. 9 & 10 are my belief. Verified at 




                                                                Through Counsel

                                             Plaintiffs

 

                      Name of the plaintiffs

 

 

 

 

 

 

 

 

 

                                                                

 

    

 

 

 

 

 

 

 

In the Hon’ble court of Add. Civil Judge Sr. Div._

 

_____________          Vs       _______________

             

Suit for Permanent injunction 


          Affidavit. 


I, _______________Name of the plaintiff ________________, do hereby solemnly affirm and declare as under :-

 

1-    That the deponent/plaintiff has filed the present suit before this Hon’ble court and the contents of which may be read as a part and parcel of this affidavit. That the all contents of the suit have been 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 Judge Sr. Div. ________

 

_____________                  Vs       _______________

             

Suit for Permanent injunction


Application u/0 39 rule 1 and 2 read with

Section 151 of CPC.

Respected Sir,

                     The applicants/plaintiffs most respectfully submits as under:-

1-    That the applicants/plaintiffs have 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 the applicants/plaintiffs and the defendant along with others are co-owners, co-sharers and in joint possession of the property fully mentioned in para no. 1 of the plaint.

3-    That the property mentioned in para no. 1 of the plaint is still joint between the parties to the suit and has not partitioned so far by metes and bounds and the parties to the suit are cultivating the suit land stated in para no. 1 of the plaint jointly with each others.

4-    That the suit property i.e Rect. No. ________________ which is part of the property mentioned in para no. 1 of the plaint is most valuable and frontal portion as the said Killa number is adjoining with main rasta.

5-    That the defendant is forcible and strong headed person and he in collusion with his family members want to sale out the above said killa no. ___________ to any other person without partitioned the land and the defendant also intending and threatening to change the nature of the ____________ of the land mentioned in para no. 1 of the plaint by raising illegal and unlawful construction over the valuable and front portion of the land to cause wrongful gain to the defendant and wrongful loss to the plaintiffs without getting partitioned the same by metes and bounds and the defendant is also bent upon to construct over the land more than his share illegally and unlawfully without getting the same partitioned by metes and bounds.

6-   That the defendant has also collected raw building material near the suit property with intention to raise illegal construction over the suit land. That the defendant is also intending to sell out his share in the suit land without doing any partition of the suit land illegally and unlawfully. That if the defendant succeed in doing so in that case the plaintiffs will suffer irreparable loss and injury which cannot be compensated with any costs

7-  That the applicant/plaintiff has a good prima facie case and the balance of convenience is also lies in his favour.

8-  That the applicant/plaintiff therefore prayed, to this Hon’ble court to pass an exparte ad-interim injunction order thereby restraining the defendants from selling out the Killa Number ____________ which is part of the land mentioned in para no. 1 of the plaint without partition the land by metes and bounds and the defendant be restrained from changing the nature of the suit land by way of raising illegal and unlawful construction over the said killa number more than their share without partitioned the suit land, may kindly be passed in favour of the plaintiff and against the defendants till final date of decision of the case, in the interest of justice.

Dt. …………                                                                      

Applicants/Plaintiffs

Names

 

 



 Through Counsel

 

                          

 


 

In the Hon’ble court of Add. Civil Judge Sr. Div. ____________ 

_____________          Vs       _______________

             

Suit for Permanent injunction

 

Application u/0 39 rule 1 and 2 read with

Section 151 of CPC.

      

            Affidavit. 

 

I, _________________Name of the plaintiff___________, do hereby solemnly affirm and declare as under :-

 

1- That the deponent/plaintiffs have 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 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

 

                                   

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