Plaint

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IN THE COURT OF DISTRICT JUDGE, CHANDIGARH

SUIT NO 999 OF 2024


(SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:


Shri Shibesh Ghosh
R/O Dalhousie, Himachal Pradesh
……….. PLAINTIFF
VERSUS
Shrimati Suchetana Maity
R/O Dalhousie, Himachal Pradesh ……….. DEFENDANT

APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER XXXIX, RULE 1


& 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908

MOST RESPECTFULLY SHOWETH:


1. That the plaintiff has filed a suit for permanent injunction which is pending for disposal
before this Hon’ble Court.
2. That the contents of the accompanying suit for permanent injunction may kindly be
read as a part and parcel of this application which are not repeated here for the sake of brevity.
3. That the plaintiff/applicant has got a prima-facie case in his favour and there is
likelihood of success in the present case.
4. That in case the defendants are not restrained by means of ad-interim injunction from
extending the wall in such a manner that the plaintiff’s access to the stone well will completely
be cut off and from interfering in physical peaceful possession of the above said premises, the
plaintiff shall suffer irreparable loss and injury and the suit shall become anfractuous and would
lead to multiplicity of the cases.
5. That the balance of convenience lies in favour of the plaintiff and against the
defendants.

PRAYER:
It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to :-

a) Pass ex-parte ad interim injunction restraining the defendants, their associates, servants,
agents and their representatives from interfering into the peaceful physical possession of the
plaintiff in the above said premises and from dispossessing the applicant/plaintiff from the
same.
b) Pass such other and further order(s) as may be deemed fit and proper on the facts and in
the circumstances of this case.

Shibesh Ghosh
Plaintiff /Applicant
Place: Dalhousie
Through
th
Date: 12 March, 2024
Swapnamadhur Datta
Advocate

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