Nakul Vishnu.

17040142016

DPC TEST-4

IN THE COURT OF SENIOR SUB-JUDGE, BANGALORE

Application No……of 2020

Civil Suit No……of 2020

Ram Plaintiff

Versus

Balram Defendant

Application Under Order 39, Rules 1-2, C.P.C

1. Ram has filed the above suit for mandatory injunction against Balram claiming a right of
easement of light and air peaceably enjoyed by him without any interruption for a
continuous period of 28 years through the window in a room on the upper storey on his
house.
2. Defendant Balram starts to raise his house in his need of extra room it apprehends the
light and fresh air enjoyed by him over 28 years through the window would be
interrupted.
3. Ram is likely to put an irreparable loss by the raising of wall by the defendant. It is
therefore, in the interest of justice that defendant may be restrained from committing the
contemplated injury to the plaintiff and the statues of quo should be maintained during
the pendency of suit.
4. Herein Plaintiff has submitted necessary affidavits of his neighbor sand his own swearing
that the Plaintiff has enjoyed the Right of Life and Fresh air for 28 years without any
interruption through window in a room on upper storey of his house.
 5. The Plaintiff, therefore, prays that the defendant may be restrained by an order of this
Hon’ble Court from raising his and any construction of wall in the side of plaintiff’s
house during the pendency of suit.

Sd. Sd.

Plaintiff’s Advocate Plaintiff

Nakul Vishnu. D Ram