136. APPLICATION UNDER ORDER 39 RULE A CPC FOR DISCHARGE OR VARIATION OF INTERIM INJUCTION ORDER.[CD1] 

APPLICATION UNDER ORDER 39 RULE A CPC FOR DISCHARGE OR VARIATION OF INTERIM INJUCTION ORDER.

 

 

IN THE COURT OF

AB....................................................Plaintiff

versus

CD ............................................ Defendant

.

 

 

APPLICATION UNDER ORDER XXXIX RULE 4, C.P.C. FOD DISCHARGE OR VARIATION OF INTERIM INJUNCTION ORDER

 

Sir,

That the defendant above named most respectfully submits as under:

1. That the plaintiff has obtained an interim injunction as to maintain status quo till the disposal of the suit on ..................by making and presenting a forged and fabricated agreement to sell the property in suit for Rs. ................... and showing the false receipt of Rs. ................... from the defendant in respect of the aforesaid false and fabricated transaction. The plaintiff has made a false and forged thumb impression of the defendant on the aforesaid agreement-deed which is dated...... The thumb impressions on the said deed of agreement are not impressions of the defendant but of some other person who might have connived will the plaintiff along with the witnesses thereto. Moreover the plaintiff has expressly defamed the defendant by calling her a cunning lady in the plaint.

2. That the plaintiff has not so far paid proper court fees on the plan has gone in revision before the learned District Judge, simply to harass uc and to delay the disposal of the suit and to bring the defendant, an old lady death in gross abuse of the process of law.

3. That the defendant wants to dispose of the property in suit 10 settlement of the consideration between her legal heirs and success maintenance of herself, and it is expedient in the interest of justice may be allowed to transfer the property in suit pendentelite subject as this Hon'ble Court may deem fit to impose.

4. That the defendant undertakes that she will put an exp.. transfer deed to the willing transferee, binding such transferee to do orders of this Hon'ble Court in the suit and to disclaim all rights are final decree of this Court if it goes against the defe

5. That in the circumstances aforesaid it is further expendient Court may be pleased to make a variation in the interim injunction allowing the defendant to transfer the property in suit to some transferees subject it to the conditions as this Hon'ble Court may deem fit.

 

 

PRAYER

It is therefore most respectfully prayed that this Hon'ble Court may be pleased  to discharge the interim injunction or to make a variation in the interim injunction  dated .................... allowing the defendant to transfer the property in suit any willing persons purchasers subject to the conditions as this Hon'ble deem fit in the circumstances of the case.

 

Advocate for defendant,

Place:…………………

Dated: ....................200

 

N THE COURT OF…………………….

Suit No. ................../200,

 

In the Matter of:

AB…………………………….Plaintiff/Petitioner

versus

CD ............................. Defendant/Respondent

 

AFFIDAVIT[CD2] 

 

I..................... resident of . ............. do hereby solemnly affirm and declare as under:

1. That I am the ...................in this case and hence competent to swear this affidavit. '

2. That the contents of the accompanying application are true and correct.

DEPONENT

VERIFICATION

Verified at ....................on this ...................day of ……………that the contents of the above affidavit are true and correct to my knowledge.

DEPONENT.

 

 [CD1]APPLICATION UNDER ORDER 39 RULE A CPC FOR DISCHARGE OR VARIATION OF INTERIM INJUCTION ORDER.

 [CD2]AFFIDAVIT