Sample draft for a suit of mandatory injunctions

Sample draft for a suit of mandatory injunction

IN THE COURT OF LD. DISTRICT JUDGE DWARKA  COURT, NEW DELHI

CIVIL SUIT No.              of 2020

IN THE MATTER BETWEEN:

  1. ABC                                     PLAINTIFF

VERSUS

  1. XYZ                                                 DEFENDANT

LIST OF DATES AND EVENTS

DATE EVENT
01.03.2020 The Defendant started raising construction and encroached upon the land of the Plaintiff .
01.09.2020 The Defendant constructed a floor beyond the prescribed legal limit of three floors.

 

IN THE COURT OF LD. DISTRICT JUDGE DWARKA  COURT, NEW DELHI

CIVIL SUIT No.              of 2020

IN THE MATTER BETWEEN:

  1. ABC                                     PLAINTIFF

VERSUS

  1. XYZ                                                 DEFENDANT

CIVIL SUIT SEEKING A PERMANENT PROHIBITORY AND MANDATORY INJUNCTION AGAINST THE DEFENDANT UNDER §37 AND §39 OF THE SPECIFIC RELIEF ACT,1963  

MOST RESPECTFULLY SHOWETH:

DESCRIPTION OF THE PARTIES

That the Plaintiff is the owner in possession of the plot B-67, Block A, Pocket 5, Vasant Kunj, New Delhi-110099.

That the Defendant is the owner in possession of B-68, Block A, Pocket 5, Vasant Kunj, New Delhi-110099.

RELATIONSHIP BETWEEN THE PARTIES

That the Plaintiff and the Defendant have been neighbours since 1967 as they live in the same residential area which is Vasant Kunj, New Delhi.

That the Plaintiff and the Defendant share an otherwise friendly and cordial relationship with one another.

BRIEF FACTS THAT LED TO THE FILING OF THE PRESENT SUIT

That the Defendant during the month of September,2020 has started raising further construction on the top floor of his premises without adhering to the rule prescribed by the law and has further encroached upon the land of the Plaintiff. This has caused obstruction of 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.

That the cause of action accrued to the Plaintiff on 01.09.2020 when the Defendant completed the illegal construction beyond the third floor of his premises.

That Defendant’s residence is situated at Vasant Kunj, New Delhi within the jurisdiction limits of the territorial jurisdiction of this Hon’ble Court. Therefore, this Hon’ble Court possesses the territorial jurisdiction to entertain and try the present suit. Furthermore, as demonstrated above the cause of action in the suit brought forth has repeatedly arisen in New Delhi.

 That for the purpose of Pecuniary Jurisdiction and Court fees, the present suit is valued as follows:

Value of Suit Amount of Court fees paid
Value for Jurisdiction (in Rs.) 200/- Value for court fee(in Rs.)

 

That the present Civil Suit is being filed in a bona fide manner and is in the interest of the law.

That the present Civil Suit is non-commercial in nature and is in fact non-commercial in nature.

That the balance of convenience lies in the favour of the Plaintiff and not the Defendant.

That the Plaintiff has a good prima facie case and has a chance of succeeding in the case.

That the Plaintiff shall suffer irreparable loss of money if the reliefs in the present Civil Suit are not allowed.

That the Plaintiff has not filed a similar civil suit before this Hon’ble Court or any other Court.

That the present Civil Suit is maintainable in the eyes of the law.

That the annexures annexed in the suit are true copies of the respective originals.

That the present suit is filed within the period of the limitation provided under the Limitation Act, 1963.

PRAYER

Wherefore, in the light of the above mentioned facts and circumstances, it is, therefore, most humbly prayed before this Hon’ble Court may be pleased to:

a). pass a decree for Permanent Prohibitory Injunction and Mandatory Injunction restraining the Defendant from raising any further construction over the suit land against the Municipal Corporation Act and Bye-Laws;

b). direct the Defendant to remove illegal and unauthorised construction over the suit land owned and possessed by the Plaintiff;

c). direct the demolition of the construction already raised;

d). award the costs of the present suit in favour of the Plaintiff and against the  Defendant; and

Pass such other order/orders as this Hon’ble Court may deem fit and proper in the interest of justice and equity.

AND FOR THIS ACT OF KINDNESS THE PLAINTIFF SHALL, AND IS DUTY BOUND, FOREVER PRAY.

PLAINTIFF

              THROUGH                   

                                                                                                       Mr. DEF

ADVOCATES FOR PLAINTIFF

 

PLACE: NEW DELHI

DATED:     21.05.2020

IN THE COURT OF LD. DISTRICT JUDGE DWARKA COURT, NEW DELHI       

CIVIL SUIT No.              of 2020

IN THE MATTER BETWEEN:

  1. ABC                                   …PLAINTIFF

VERSUS

  1. XYZ                                                 …DEFENDANT

I, DEF, s/o of JKH, aged 22 years, r/o D-789, Hauz Khas Enclave, New Delhi- 110089, solemnly affirm and confirm:

  1. That I am authorized by the Plaintiff to file the accompanying Civil Suit on behalf of the Plaintiff. I am deposing this affidavit based on the information received from the Plaintiff.
  2. That the above accompanying Civil Suit has been drafted under my instructions and I have read and understood the contents thereof and affirm the facts as true, correct, consistent with the information I have received from the Plaintiff.
  3. That the annexures annexed are true copies of the respective originals.
  4. That I 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.
  5. That I hereby verify that the contents of the paragraph nos. 1 to 7 of the Civil Suit are based on the information received by me from the Plaintiff, the paragraphs nos. 8 to 17 are legal submissions and the paragraph after no.18 is the Prayer.

DEPONENT

VERIFICATION

I, the deponent above named do hereby solemnly verify that the contents of my aforesaid affidavit are true and correct to my knowledge.

DEPONENT

IN THE COURT OF LD. DISTRICT JUDGE DWARKA COURT, NEW DELHI         

APPLICATION FOR INTERIM INJUNCTION

CIVIL SUIT No.              of 2020

IN THE MATTER BETWEEN:

  1. ABC                                   …PLAINTIFF

VERSUS

  1. XYZ                                                 …DEFENDANT

Application under Order XXXIX, Rule 1 and 2 of the Code of Civil Procedure for Temporary Prohibitory Injunction and Mandatory Injunction

The Plaintiff named above submits this application, praying to state as follows:

1. That the Plaintiff has filed a case before this Hon’ble Court hearing whereof will take some time.

2. That it is apparent from perusal of grounds and documents attached therewith that the applicant has prima facie a good case in his favour and the case is likely to succeed. The balance of convenience lies in favour of the applicant. The grounds of the case as stated earlier 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 carrying out further illegal construction. In case the respondents are not restrained 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.  That the plaintiff is sanguine about the success of this suit in his favour.

  1. That the plaintiff, therefore, prays that an ad interim injunction restraining the defendants from obstructing the plaintiff’s right to enjoyment of property, be kindly issued against the defendants.
  2. That an affidavit in support thereof is filed herewith.New Delhi                                     Applicant

    Mr. DEF Advocate

IN THE COURT OF LD. DISTRICT JUDGE DWARKA COURT, NEW DELHI   

CIVIL SUIT No.              of 2020

IN THE MATTER BETWEEN:

Application No: of 2020

  1. ABC                             ..APPLICANT

VERSUS

  1. XYZ                                                 …RESPONDENT

Affidavit in support of application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure,1908.I do hereby solemnly affirm and declare as under:-

1. That the accompanying application has been prepared under my instruction.

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

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