Interlocutory Application
Smt. ABC w/o XYZ, aged about 35 years, has filed the suit in 0.S. no 801/2022 on the file of City Civil Court and Sessions Court, Bengaluru, against Smt. DEF, w/o PQR, aged about 50 years. R/O Bengaluru seeking declaration and injunction. Since the defendant is interfering with the peaceful possession and enjoyment of the suit schedule property on the ground that he is the absolute owner of the suit schedule property. Since there is an imminent threat to the peaceful possession. Therefore Smt. Suvarna wants to file an Interlocutory Application seeking an Ex Parte Temporary Injunction.
IN THE COURT OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU
I.A. No._________/2025
In
O.S.NO. 801/2022
BETWEEN
Smt. ABC,
W/O XYZ,
Aged about 35 years
R/AT 6th cross,
Bengaluru, Karnataka-560098 ………….. PLAINTIFF/APPLICANT
AND
Smt. DEF,
W/O PQR,
Aged about 50 years,
R/AT 8th cross,
Bengaluru, Karnataka-560079 ………….. DEFENDANT
INTERLOCUTORY APPLICATION UNDER ORDER XXXIX RULE 1 AND 2 R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908
The Plaintiff/Applicant most respectfully submits as follows:-
- It is submitted that the plaintiff has filed a suit for a Declaration of Title and Permanent Injunction over the suit-schedule property. The plaintiff is the absolute owner of the suit-schedule property.
- The defendant has suddenly interfered with the plaintiff’s peaceful possession of the suit schedule property.
- The defendant, without any lawful authority or right, is interfering with the plaintiff’s peaceful possession. The Defendant is falsely claiming to be the owner of the suit-schedule property and is attempting to dispossess the plaintiff unlawfully.
- The plaintiff submits that the defendant’s acts are illegal, arbitrary, and without any basis in law. There exists an imminent threat of dispossession and interference, which, if not restrained, will cause irreparable injury and hardship to the plaintiff.
- If the defendant is not restrained by way of a temporary injunction, the plaintiff will suffer irreparable loss, and the suit itself would be rendered infructuous.
- The plaintiff is in lawful possession of the suit-scheduled property. Hence, this Hon’ble Court may kindly be pleased to grant ex parte ad-interim temporary injunction restraining the defendant, her agents, servants, or anybody claiming through her, from interfering with the plaintiff’s peaceful possession and enjoyment of the suit schedule property, pending disposal of the suit.
- This application is made bona fide and in the interest of justice and equity.
PRAYER
WHEREFORE, the applicant/plaintiff most respectfully prays that this Hon’ble Court may be pleased to:
- Grant an ex parte ad interim temporary injunction restraining the defendant, her agents, servants, or any persons claiming through her, from interfering with the plaintiff’s peaceful possession and enjoyment of the suit schedule property.
- Pass such any order as this Hon’ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity.
Place: Bengaluru
Date: ADVOCATE FOR APPLICANT
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