Suit Permanent Injunction
Plaintiff
Defendants
Suit for Permanent Prohibitory Injunction and Mandatory Injunction restraining the defendant from raising any construction over the suit land comprising in Khata Khatauni No. _____, Khasara No. __ measuring _____ Biswas situated at _______ restraining the defendant from causing any construction over the suit land against the Municipal Corporation Act and Bye-Laws and Town & Country Planning Act and Rules and also directing the defendant to remove illegal and unauthorised construction over the suit land owned and possessed by the plaintiff and also directing the demolition of the construction already raised or raised during the pendency of this suit on the set-back area of the suit land owned by the defendant _____and also with the prayer to direct the defendant to handover the peaceful possession of the suit land already encroached upon by the defendant No. 1.
Respectfully Sheweth:
1. That the plaintiff is owner in possession of land comprising in Khata Khatauni No. _____ Khewat No. _____, Khatauni No. _____, Khasara No. _____ measuring ______ Biswas situated at ________ as per the Jamabandi for the year ______. ______The plaintiff has a building raised on the above land duly sanctioned by the appropriate authority.
2. That the defendant is owner of the land comprised in Khata Khatauni No. ________, Khasara No. ______ situated at _______ as per the Jamabandi for the year _______.
3. That the defendant No. 1 during the month of __ has started raising further construction in as much as without leaving any set-backs as prescribed by the law and further encroached upon the land of the plaintiff by projecting the Chhajjas towards the land of the plaintiff and thus obstructing light, air and sun to the building of the plaintiff besides causing nuisance to the plaintiff and his tenants, thereby depriving the plaintiff of his easementary rights of light, air and sun, which rights were being enjoyed by the plaintiff and his predecessor-in-interest from time immemorial peacefully, openly and hostile to the very knowledge of the defendant or other persons living in the vicinity. The said rights of easementary have now been infringed by the defendant in the month of ______ by raising the construction in haphazard manner in asmuch as the defendant ______
4. That the cause of action accrued to the plaintiff on ______
5. That the plaintiff is permanently residing within the jurisdiction of this Hon'ble court and all the correspondence from the defendants were received at his home address and the office of the defendant is located in the territory of this Hon'ble Court, hence this court has each and every jurisdiction to try and entertain this suit. ______
6. That the value of the suit for the purposes of jurisdiction has been fixed for Rs. 200/- and for the purposes of declaration and correct and authorised court fee stamp of Rs. __ has been affixed on the plaint.
7. That no suit has been instituted agasinst the defendants on the same or similar cause of action in any other court including High Court and Supreme Court of India.
8. It is, therefore, most respectfully prayed that a decree for Permanent Prohibitory Injunction and Mandatory Injunction restraining the defendant from raising any construction over the suit land comprising in Khata Khatauni No. _____, Khasara No. _____ measuring _____ Biswas situated in _____ restraining the defendant from causing any construction over the suit land against the Municipal Corporation Act and Bye-Laws and Town & Country Planning Act and Rules and also directing the defendant to remove illegal and unauthorised construction over the suit land owned and possessed by the plaintiff and also directing the demolition of the construction already raised on the set-back area of the suit land owned by the defendant and also with the prayer to direct the defendant to handover the peaceful possession of the suit land already encroached upon by the defendant No. 1, be passed in favour of plaintiff and against the defendants with costs of the suit. Such other reliefs as deemed fit and proper in the facts and circumstances of the case may also be passed in favour of the plaintiff and against the defendants in the interest of justice.
AND FOR THIS ACT OF KINDNESS, THE HUMBLE PLAINTIFF AS IN DUTY BOUND SHALL EVER PRAY.
Coimbatore Plaintiff
_______ Through, Advocate
I, _______-, do hereby verify that the contents of the above plaint from paras 1 to _______ are true and correct to the best of my knowledge and belief.
Verified at ______(Place) this the _______.
Plaintiff
Plaintiff
Defendant
I, ______, do hereby solemnly affirm and declare as under:-
1.______ That the accompanying plaint has been drafted under my instructions. For the sake of brevity, the contents of plaint are not being reproduced hereunder in this affidavit. However, the contents of the plaint may kindly be read as part and parcel of this affidavit.
2. That the contents of paras 1 to ______ of the plaint are correct and true to the best of my knowledge and paras _____ to _____ are believed to be correct being legal advise given by the counsel.
3. That I further solemnly affirm and declare that the contents of this affidavit of mine are correct and true and no part of it is false and nothing material has been concealed therein.
Affirmed here at _____(Place)this ______.
Deponent
Applicant
Respondent
Application under order 39 Rule 1 and 2 of the Civil Procedure Code for Permanent Prohibitory Injunction and Mandatory Injunction restraining the defendant from raising any construction over the suit land comprising in Khata Khatauni No. ________, Khasara No. __ measuring _______ Biswas situated at _______ restraining the defendant from causing any construction over the suit land against the Municipal Corporation Act and Bye-Laws and Town & Country Planning Act and Rules and also directing the defendant to remove illegal and unauthorised construction over the suit land owned and possessed by the plaintiff and also directing the demolition of the construction already raised on the set-back area of the suit land owned by the defendant and also with the prayer to direct the defendant to handover the peaceful possession of the suit land already encroached upon by the defendant No. 1.
Respectfully Sheweth:
1. That the applicant/plaintiff has filed a case before this Hon'ble Court hearing where of will take some time.
2. That it is apparent from perusal of grounds and documents attached therewith that the applicant has prima facie a very good case in his favour and the case is likely to succeeds. The balance of convenience is in favour of the applicant. The grounds of the case may be read as part of this application to save the repetition.
3. That the interest of justice demands that the respondent is restrained from __. In case the respondents are not restrain that the applicant will suffer irreparable loss and injury which cannot be compensated in terms of money and filing of this case will become infructuous.
4. It is therefore most respectfully prayed that the respondents be restrained from _______ in the interest of justice. Such other orders he also passed in favour of the applicant as deemed fit in facts and circumstances of the case.
_______(Place) Applicant
_____ Advocate
Affidavit
_________ Applicant
Respondent
I, , do hereby solemnly affirm and declare as under:-
1. That the accompanying application has been prepared under my instructions.
2. That the contents of paras 1 to __ are true and correct to the best of my knowledge.
3. That I further solemnly affirm and declare that the contents of this affidavit of mine are correct and true to the best of my knowledge and no part of it is false and nothing material has been concealed therewith.
Affirmed at ____(Place) this ________
Deponent
Suit : for Declaration
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Name & Parentage Address
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In the above noted suit every summons, notice & other order may be served on me on the address given above during the pendency of th suit. Change of Address will be intimated to the Court.
Dated : ______
Sd:-
Plaintiff Petitioner
Defendant Respdt.
Through, Advocate
Process Fee
Claim : for Declaration
Date of Hearing :________
Date ________
By Whom Filed________
Purpose________
Amount ________
Stamp ________
________
Plaintiff
For service of defendants
Advocate
_______________________________________________
Received on ________ Court-fee stamp of the value of Rs. _____ with ______ copies in case No.: _____ of 2008 in Re. ________ Vs ________
Signature of the Head Notice Writer
Under Order 7 Rule 13 [1] C.P.C.
List of Documents Filed By Plaintiff/Defendant
IN THE COURT OF CIVIL JUDGE, COIMBATORE
________ Versus ________
Date of Hearing: __________
Suit for : for Permanent Prohibitory Injunction
Date of Production :________
S.No Details, Date What is If Documents If Rejected
Documents Intended Filed What is Then the
to be the Exh Marked Date of
Proved From on it Return of
Document Documents
Date: Counsel for Plaintiff/Defendant
List of Documents Relied Upon
Under Order 7 Rule 14 CPC Filed by :_______
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1. Have you produced any
documents with the plaint
so, what are those document.Yes Sir, as per list.
2. Do you wish to produce any more
documents which are in your
possession and custody
if so, what are those documents.Yes sir, if required.
3. Do you wish to rely upon any
other documents, if so in
whose possession they are and
what are those documents. Yes sir, later on from the custody of the defendants.
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Counsel for
Dated : ______
Through, Advocate
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