An application for interim injunction in the court of the civil judge, senior division,[CD1]
Civil Suit No.
Shri S1 Plaintiff
Versus
Shri F & two others
Defendants
AN APPLICATION FOR INTERIM INJUNCTION
The plaintiff
above named submits this application, praying to state as follows:
1. That the plaintiff has filed the present suit for partition.
2. That it is the case of this plaintiff that the
suit property being ancestral it
is held by the defendant No. 1 as a Karta of the family consisting of the plaintiff and the
defendants.
3. That the
plaintiff submits that he demanded partition on……., but the defendant No. 1 refused to do so and in a high-handed manner abused
the plaintiff and threatened him that if the plaintiff were to attempt an entry
on the suit property, he would be severely beaten up, and since then, the defendants have been
obstructing the plaintiff in
his enjoyment of the suit property jointly with them.
4. That the
plaintiff also submits that it may take a considerable time for the final decision in this suit, and there
being no other source of income to
this plaintiff save and except the suit property, the family of the plaintiff would be subjected
to suffer severe hardships, and
hence, this application.
5. That the plaintiff is sanguine about the success of this suit in his favour.
6. That the
plaintiff, therefore, prays that during the pendency of this suit, an ad interim injunction restraining
the defendants from obstructing
the plaintiff in his enjoyment of the suit property be kindly issued against the defendants.
7. That an
affidavit in support hereof is filed herewith.
Mumbai, Sd/- SI
PLAINTIFF
Dated___ ..
Sd/- xXx ADVOCATE FOR PLAINTIFF
AFFIDAVIT
I, Shri S1, the present plaintiff, do hereby
state on solemn affirmation as
follows:
1. That the property described in para 2 of the plaint originally belonged to GF, who died in June 200_, and on
his death, the suit property
came to be devolved upon the family of the plaintiff and the defendants, and since then, the defendant
No. 1 has been managing the suit
property as a Karta of the joint family.
2. That since last one and a half years, the relationship between the plaintiff’s wife and the defendant No. 2 is
so strained that there have been frequent quarrels, and
it has finally become necessary for the plaintiff
to live apart.
3. That the plaintiff accordingly called upon
the defendant No. 1, on ,
to effect partition, but he refused to do so.
4. That the plaintiff submits that the defendants have been obstructing
this plaintiff in his enjoyment of the suit property along with them, and this
plaintiff has no other source of income except and save the suit property.
5. That the plaintiff, therefore, served upon the defendants a notice, dated calling upon them to
effect partition, but the defendant No.
1, once again, refused to do so, and hence, this suit.
6. That the plaintiff and
the defendants are governed by the Mitakshara School of Hindu Law, and accordingly, the plaintiff is
entitled to one-fourth share
in the suit property.
WHATEVER
stated above is true and correct to the best of my knowledge and belief, and so I have signed
hereunder at Mumbai this day of 200_
Sd/- SI PLAINTIFF
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