Suit Permanent Injunction
Suit Permanent Injunction
Suit Permanent Injunction
Mr/,MRS………………………………………………………………………………………………………Plaintiff
Versus
Mr/…MRS…………………………………………………………………………………………………..Defendants
Suit for Permanent Prohibitory Injunction and Mandatory Injunction restraining the defendant from
raising any construction over the suit land comprising in ---------- --------------- No. _____, ---------------- No.
_____________________ measuring ______________- 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 unauthorized 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
tendency 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 ------- --------------- No. _____ --------------
No. _____, ------------------ No. _____, ------------------ No. _____ measuring ______ ----------------situated at
________ as per the ------------------ 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 -------------- --------------- No. ________._____....-
No. ______ situated at _______ as per the ----------------- 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 ---------- 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 Easementry 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 Easementry have
now been infringed by the defendant in the month of ______ by raising the construction in haphazard
manner in as much as the defendant ______
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 authorized court fee stamp of Rs. ________________ has been
affixed on the plaint.
7. That no suit has been instituted against 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 ---------- ----------------- No. _____, --------------------- No. _____ measuring _____ -----------------
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 unauthorized 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.
……………………………. Plaintiff
______________
Through, Advocate
Verification:
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.
Plaintiff
IN THE COURT OF CIVIL JUDGE AT
……………..
Civil Suit No;…………../……………..
……………………………………………………………………………………..Plaintiff
Versus
………………………………………………………………………………………….Defendant
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.
Deponent
IN THE COURT OF CIVIL JUDGE AT
……………..
Application No;…………………../………
………………………………………………………………………………………….Applicant
Versus
…………………………………………………………………………………………….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 -------------- ------------- No. ________, ----------------- No. __ measuring _______
---------------- 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 unauthorized 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.
………………………………. Applicant
/
………………….…………………………………………………………………….Applicant
Versus
………………………………………………………………………………………..Respondent
Affidavit in support of application under order 39 Rule 1 and 2 of the Civil Procedure Code.
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.
Deponent
IN THE COURT OF CIVIL JUDGE AT ……………………..
……………….……………V/s…………………………….
Name…………………………….
Address…………………………………….
In the above noted suit every summons, notice & other order may be served on me on the address given
above during the pendency of the suit. Change of Address will be intimated to the Court.
Dated : ______
Sd:-
Plaintiff/ Petitioner
Defendant/ Respondent.
Through, Advocate
Process Fee
IN THE COURT OF CIVIL JUDGE AT …………………………
Date ________
By Whom Filed________
Purpose________
Amount ________
Stamp ________
________
Plaintiff
Advocate
_______________________________________________
Received on ________ Court-fee stamp of the value of Rs. _____ with ______ copies in case No.;
…………./………… in Re. ________ Vs ________
……………………………. V/s……………………………………..
Document Documents
Date:………………
Counsel for
Dated : ______ …………..