SUIT FOR PERMANENT INJUNCTION (IN RESPECT OF A

DISPUTE RELATING TO CANCELLATION OF

ALLOTMENT OF A PROPERTY BY A BUILDER) TO BE
FILED BEFORE THE COURT OF LD DISTRICT JUDGE
SEEKING A DECREE OF PERMANENT INJUNCTION IN
FAVOUR OF THE PLAINTIFF AND AGAINST THE
DEFENDANTS THEIR DIRECTORS / MANAGERS /
AGENTS AND ANYONE ONE ACTING FOR AND ON
THEIR BEHALF, THEREBY RESTRAINING THE
DEFENDANTS FROM CANCELLING THE ALLOTMENT /
BOOKING OF THE PLAINTIFF IN RESPECT OF THE SUIT
PROPERTY AND FURTHER RESTRAINING THEM FROM
AUCTIONING/ SELLING/ALIENATING/TRANSFERRING,
AND/OR CREATING ANY THIRD PARTY INTEREST AND /
OR CREATING ANY CHARGE THEREOF IN RESPECT OF
THE SUIT PROPERTY IN ANY MANNER IN FAVOUR OF
ANY THIRD PARTY ALONGWITH APPLICATION UNDER
ORDER 39 RULE 1 & 2 READ WITH SECTION 151 CPC
FOR INTERIM ORDER.

IN THE COURT OF DISTRICT JUDGE, ________

Civil Suit No.________ of ______
IN THE MATTER OF:
Mr._________ … Plaintiff
Versus
_______Bank & Another … Defendants
INDEX
SL NO PARTICULARS PAGES
1. Suit for Permanent Injunction alongwith Affidavit
in support.
2. Application under Order 39 Rule 1 & 2 read with
Section 151 CPC alongwith Affidavit in support.
3. List of Documents alongwith photocopies of the
documents
4. Vakalatnama
 Plaintiff
Through

( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place :_____
Signed on: ___________
Filed on :
 IN THE COURT OF DISTRICT JUDGE, ________
Civil Suit No. _______ of ________
IN THE MATTER OF:
Mr._________
S/o Shri _________
R/o _________ ,
_________ .
Also At:
_________
_________
_________ … Plaintiff

Versus
(i) ________Bank
OFFICE:_______
__________
__________
Also At:
________Bank
OFFICE:_______
__________

(ii) M/s ________.

OFFICE:_______
__________
… Defendants
SUIT FOR PERMANENT INJUNCTION

Most Respectfully Sheweth,

Facts, relevant and germane, meriting kind and favourable
consideration from this Hon’ble Court may be succinctly stated
thus :-
1. That the Plaintiff is a respectable citizen of India and
has clean antecedents. He has earlier been carrying on his business
in India as well as in ______. However, at present he is settled in
India at the above noted address.

2. That the Plaintiff got married to Ms. ________ on ________

at ____________ as per Hindu Rights and ceremonies. It is also
stated that the Defendant No.___ Ms. ________ was a housewife
and she did not have any source of income. It was the Plaintiff who
all comforts & luxuries to the Defendant.

3. That it is further stated that ________ children, namely,

Mr.______ (_______) and Ms.______ (_______) were born out of
the marriage on ____________ and ____________ respectively.

4. That it is submitted that the Plaintiff was the sole bread earner
for his family members & the Plaintiff had Business Interests both in
India and ______. The Plaintiff had purchased different properties in
____________ in hope and anticipation of securing their future. It is
pertinent to mention that as per Hindu customs & normal practise in
millions of Households in India, the Plaintiff, purchased all the
properties in the joint names of himself and his wife. It is
worthwhile to mention that all the payments for the purchase of
these properties were made by the Plaintiff from his own sources
and/or loan borrowed from Banks, and not even a single rupee was
paid by his wife. Thus the name of his wife was added only for the
name sake purposes. That the details of these properties are
mentioned as under :
(i) Flat No. ______ and Parking No. _________,
“_________”, ____________ admeasuring ______ Sq.
Mtr.
(ii) Flat No. ______ and Parking No. _________,
“_________”, ____________ admeasuring _______
Sq.Mtr.
(iii) Plot No. _______, __________.

That it is submitted that that the present Suit is in respect of

property bearing no. _______ “_________”, ____________
(hereinafter referred to as the “Suit Property”), purchased by the
Plaintiff from the Defendant No.___ vide Apartment Buyers’
Agreement dated _______.

5. That briefly the factual matrix pertaining to the Suit Property

is that the Plaintiff had availed a housing loan from the Defendant
No.___ __________Bank It is further submitted that the Housing
Loan so availed from the Defendant No.___ was to be disbursed
directly by the Defendant No.___ to the Developer namely
M/s_________ (Defendant No.___ herein). It is further stated that as
per Banking Practice, the bank makes the payment directly to the
Developer Company as and when those are demanded. It is further
submitted that in accordance with the said loan arrangement, a lien
was marked on the Suit Property in favour of the Defendant No.___
Bank in the records of Defendant No.___.

6. That it is also further stated that while the Plaintiff was

diligently making the payments of his housing loan instalments in
respect of the loan borrowed from the Defendant No.___ relating to
the Suit Property, simultaneously, at his personal front serious
matrimonial disputes erupted between him and his wife. At that
relevant point of time, the Plaintiff was residing in ______ with his
wife. Unfortunately on account of multiple inter-se court cases and
police complaints, the Plaintiff could not for a long period of time
attend to his business and other financial issues. He was completely
emotionally and financially drained out and this resulted in defaults
in payments of loan instalments to the Defendant No.___. However
the Plaintiff always had the bonafide intention to pay up all his
legitimate dues to the Defendant No.___ so that he could retain the
Suit Property which was purchased from his hard earned money.

7. That the Plaintiff came to know in the year _____ that the
Defendant No.___ vide its letter dated _______ had written to the
Defendant No.___ and had requested the Defendant No.___ (M/s
________.) to cancel the booking of the Suit Property/Apartment of
the Plaintiff and refund the amount to them. It is submitted that the
said letter was primarily written by the Defendant No.___ to
Defendant No.___ because the Plaintiff had defaulted in repayment
of the loan amount due to the Defendant No.___ Bank.
That it further emerges from the records that in response to
the said letter, the Defendant No.___ vide its letter dated _______
communicated to the Plaintiff that the Defendant No.___ had sought
the cancellation of the booking in respect of the Suit Property and so
he was advised by the Defendant No.___ to sort out the matter with
the Defendant No.___. However, as stated herein above on account
of the inter se litigations between him and his wife, the Plaintiff was
under tremendous mental pressure. He was coping up with his issues
relating to his livelihood and expensive litigation. His business had
also been seriously affected. Still despite all the constraints, the
Plaintiff had all the bonafide intentions to somehow work out a
compromise with the Defendants and reach at an amicable
settlement so that he could save his valuable Suit Property by paying
all the legitimate dues to the Defendant No.___. The Plaintiff had a
meeting with the representative of __________Bank namely Sh.
________ so that some amicable settlement could be arrived at.
Thereafter some meetings were held to resolve the case of the
Plaintiff. It emerges from the records that the Defendant No.___
wrote a letter dated ________ to the plaintiff and made a demand of
Rs.________/- (Rupees _____________ only), payable by
________. That it is further stated that simultaneous to the present
issue other preplexed issue was that of inter-se litigation between the
Plaintiff and his wife. The Plaintiff also further submits that in the
intervening period a Decree of Divorce dated ________ had been
granted by the Court at ______ but the ex wife had different claims
over the properties in ________ including the Suit Property. She
had claimed that she was the joint owner in the Suit Property and
had contributed equally in purchasing the same. This proposition
was strongly disputed and contested by the Plaintiff as it was he who
had made the entire payment from his self acquired and exclusive
funds and he was also liable to pay up to the Defendant No.___ for
the dues of Bank Loan Therefore in the given situation prevailing at
that time , the Plaintiff wrote a letter dated ________ addressed to
both the Defendant No.___ & the Defendant No.___, and
intimated that he had been separated from his wife by a Decree of
Divorce dated ________ granted by the competent Court at ______
and that being so there was no relation left between him and his wife
and thus the said existing booking of the Suit Property in joint
names be cancelled and the Apartment may be re-allotted under a
fresh booking in his single name. The Plaintiff also expressed his
willingness/readiness to pay the balance loan to the Defendant
No.___. The Plaintiff had legitimately expected that the Defendant
No.___ would favourably respond to his request keeping in view the
changed circumstances. However till date the Plaintiff is yet to
receive any response on this count from the defendants.

8. That the Plaintiff in the meantime received another letter

dated ________ from the Defendant No.___ Bank which was jointly
addressed to the Plaintiff and his wife and it was stated therein that
after considering his case and in view of the exceptional
circumstances, the Bank was ready for one time settlement for
Rs.__________/- payable in one instalment and the said offer by
the bank was valid only upto __________.
That the plaintiff submits that in response to the said letter of
Defendant No.___ Bank, the Plaintiff vide his letter dated _______
wrote back to them and requested that the time period given in the
said letter was too short for him to make arrangements and as such
he required a period of ____ days to make the outstanding payment
to the bank. It is also further submitted that simultaneously the
Plaintiff has been making efforts to pursue all his legal remedies
against his ex-wife and / or settle the disputes with her so that he
could save his valuable properties including the Suit Property. For
the purposes of records, the Plaintiff submits that at present the
following cases are pending between him and his wife in ________
Distt Court.
a. Suit for Declaration & Permanent Injunction being
Civil Suit No ____ of ____ titled “Mr._________ Vs
M/s ________. & Another”
b. Suit for Partition being Civil Suit No.____ of ____
titled “Mr._________ Vs ________”

That it is submitted that in the Suit bearing no ____ of ____

titled “Mr._________ Vs M/s ________. & Another”, the Ld Court
of Civil Judge, ________, has already passed a Status-Quo order
dated _______ with regard to possession, in favour of the Plaintiff.
The Plaintiff has every hope that he will succeed in the litigation
initiated by him. It is thus imperative that when the inter-se disputes
between him and his wife which were basically the cause of his
monetary defaults to Defendant No.___ are coming to an end, then at
such time the Suit Property and the legal interests of the Plaintiff in
the same be protected. The Plaintiff is ready and willing to make the
payment of all legitimate dues of the Defendant No.___ &
Defendant No.___ within a reasonable time.
9. That however, representatives of the Defendant
No.___ & Defendant No.___ have informed to the Plaintiff that they
shall cancel his booking of the Suit Property and they further
threatened that after cancellation they will auction/sell/
transfer/alienate/create third party interest in the Suit Property. That
being the situation, therefore, an injunction order in favour of the
plaintiff and against the Defendants would thus be most essential to
render substantial justice to the Plaintiff so as to avoid occurrence of
irreparable loss & injury to the Plaintiff.

10. The plaintiff has paid valuable consideration for

purchasing the Suit Property. He has every legitimate and legal right
to protect the same from unwarranted and illegal threats from the
Defendants who are hell bent to cancel the booking of the Suit
Property of the plaintiff

11. That in the given circumstances more particularly

explained in the forgoing paragraphs, the Plaintiff does not have any
other efficacious remedy but to approach this by way of the present
suit so that his legal interests are protected.

12. That the cause of action to file the present Suit arose
on _______ when the Plaintiff made the booking of the Suit
Property with the Defendant No.___ and it further arose on _______
when the Plaintiff availed the Housing Loan from the Defendant
No.___. The cause of action also arose on _______ when the
Defendant No.___ executed Apartment Buyers’ Agreement dated
_______ in favour of the Plaintiff. The cause of action further arose
on all such dates on which there were inter-se correspondence
between the parties from the Year _______ and lastly upto
_______. The Plaintiff apprehends that the Defendants may cancel
his allotment and / or alienate his Apartment to some third party
and therefore the cause of action to file the present suit is still
continuing and subsisting.

13. That the Suit Property is situated at ________ and

hence this Hon’ble Court has territorial jurisdiction to try and
adjudicate the present suit

14. That the plaintiff has valued the suit of the purpose of
relief of declaration at Rs. _______/- and for the purpose of relief of
Permanent and mandatory Injunction at Rs. _______each and has
affixed appropriate court fees on the plaint.
The total Court fees affixed is Rs _______/-.

15. That the plaintiff has good prima facie case and he
hopes to succeed in the present Suit and the present Suit is most
essential to avoid multiplicity of litigation.
PRAYER
In view of what has been stated hereinabove , it is therefore most
kindly prayed that this Hon’ble Court may kindly be pleased to
a. Pass a decree of Permanent Injunction in favour of the
Plaintiff and against the Defendants their Directors /
Managers / Agents and anyone one acting for and on their
behalf, thereby restraining the Defendants from cancelling
the allotment / Booking of the Plaintiff in respect of the Suit
Property and further restraining them from
auctioning/selling/alienating/transferring, and/or creating any
third party interest and / or create any charge thereof in
 respect of the Suit Property in any manner in favour of any
third party.
b. Pass a decree of Mandatory Injunction in favour of the
Plaintiff and against the Defendants their Directors /
Managers / Agents and anyone one acting for and on their
behalf, thereby commanding /directing them to execute the
Title documents of the Suit Property in favour of the Plaintiff
upon his clearing all the legitimate dues of the Defendants
and thereafter the possession of the Suit Property be handed
over to him.
c. Award the cost of the suit in favour of the Plaintiff.
d. Pass any other order / orders that this Hon’ble Court may
deem fit and proper , in the given facts and circumstances of
the case , in the interest of Justice
Prayed Accordingly
Affidavit is filed in support
Plaintiff
Through

( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place :_____
Signed on: ___________
Filed on :
VERIFICATION
Verified at ………............. On this …… Day of _______ that
the contents of para 1..... to ..... of the Plaint are true and
correct to my knowledge and the contents of para ..... to ......
are based on legal advise received and believed to be true and the
last para is the prayer made to this Hon’ble Court .

Plaintiff

IN THE COURT OF DISTRICT JUDGE, ________

 Civil Suit No.________ of _______
IN THE MATTER OF:
Mr._________ … Plaintiff
Versus
_______Bank & Another … Defendants

AFFIDAVIT

I, Mr._________ , S/o Shri _________ , aged about ____ years

resident of _________ , _________ , do hereby solemnly affirm and
declare as under.

1. That I am the Plaintiff in the above noted Suit and am

conversant with the facts of the case and competent to affirm this
Affidavit.

2. That the accompanying Suit has been drafted by my

Counsel on my instructions and the contents of the same are not
being reproduced here for the sake of brevity but those may kindly
be read as part and parcel of this Affidavit.

DEPONENT
VERIFICATION :

Verified at .............................. on this day of ............_______, that

the contents of above Affidavit are true and correct to my knowledge
and belief, no part of it is false and nothing material has been
concealed therefrom.

DEPONENT

IN THE COURT OF DISTRICT JUDGE, ________

 Civil Suit No.________ of ______
IN THE MATTER OF:
Mr._________ … Plaintiff
Versus
_______Bank & Another … Defendants

APPLICATION UNDER ORDER 39 RULE 1 & 2 READ

WITH SECTION 151 CPC

The Plaintiff respectfully submits as under:-

1. That Plaintiff has filed the Suit for Declaration & Permanent
Injunction before this Hon’ble Court and the contents of the Suit be
treated as part and parcel of this application, which are not being
reproduced here for the sake of brevity.

2. That the balance of convenience is in favour of the Plaintiff

and against the Defendants.

3. That the Plaintiff has a good prima facie case and hopes to
succeed in the suit. In the background of the facts narrated herein
above, the plaintiff is entitled for interim ex-parte orders and it is
submitted that in case the Defendants succeed in
auctioning/selling/alienating/transferring, and/or creating any third
party interest and / or create any charge thereof in respect of the Suit
Property in any manner, whatsoever, in favour of any third party,
then in that event irreparable loss and injury shall be caused to the
Plaintiff which cannot be compensated in any manner whatsoever.

PRAYER
It is therefore, prayed that this Hon’ble Court may kindly be pleased
to:-
(a) Pass an ad interim Injunction against the Defendant,
her employees, associates, agents and anyone claiming
for and on her behalf, thereby restraining them from
auctioning / selling / alienating / transferring, and/or
 creating any third party interest and / or create any
charge thereof in respect of the Suit Property in any
manner, whatsoever, in favour of any third party.

(b) Pass any other and further order as this Hon’ble Court
may deem fit and proper in the given circumstances of
the case, in the interest of justice
Affidavit is filed in support
Plaintiff
Through

( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place :_____
Signed on: ___________
Filed on :

IN THE COURT OF DISTRICT JUDGE, ________

Civil Suit No.________ of _____
IN THE MATTER OF:
Mr._________ … Plaintiff
Versus
_______Bank & Another … Defendants
AFFIDAVIT

I, Mr._________ , S/o Shri _________ , aged about ____ years

resident of _________ , _________ , do hereby solemnly affirm and
declare as under ;

1. That I am the Plaintiff in the above noted Application and

am conversant with the facts of the case and competent to affirm this
Affidavit.

2. That the accompanying Application under Order 39 Rule 1 &

2 Read with Section 151 CPC has been drafted by my Counsel on
my instructions and the contents of the same are not being
reproduced here for the sake of brevity but those may kindly be read
as part and parcel of this Affidavit.

DEPONENT
VERIFICATION :
Verified at....................... on this day of ............ _______, that the
contents of above Affidavit are true and correct to my knowledge
and belief, no part of it is false and nothing material has been
concealed therefrom.

DEPONENT

IN THE COURT OF DISTRICT JUDGE, ________

Civil Suit No.________ of ________
IN THE MATTER OF:
Mr._________ … Plaintiff
Versus
_______Bank & Another … Defendants
LIST OF DOCUMENT
Sno. Particulars Page No.
1. Photocopy of certificate of Marriage dated
_______.
2. Photocopy of Apartment Buyers’ Agreement
dated _______ in respect of Flat No. ______
and Parking No. _________, “_________”,
____________ admeasuring _______ Sq. Mtr.
3. Photocopy of the letter dated _______ written
by _______Bank (Defendant No.___) to
________. (Defendant No.___)
4. Photocopy of the letter dated _______ written
by ________. (Defendant No.___) to the
Plaintiff
5. Photocopy of the letter dated _______ written
by _______Bank (Defendant No.___) to the
Plaintiff
6. English Translation of Decree of Divorce dated
_______
7. Photocopy of the letter dated ________ written
by the Plaintiff to ________Bank (Defendant
No.___) & ________. (Defendant No.___)

8. Photocopy of the letter dated ________ from

_______Bank (Defendant No.___) to the
Plaintiff
9. Photocopy of the letter dated _______ from the
Plaintiff to _______Bank (Defendant No.___)
10. Photocopy of Suit for Declaration & Permanent
Injunction being Civil Suit No ____ of ____
titled “Mr._________ Vs M/s ________. &
 Another”
11. Photocopy of Suit for Partition being Civil Suit
No.____ of ____ titled “Mr._________ Vs
________”
12. Photocopy of Status Quo Order dated _______
passed by Civil Judge, ________ in Suit
No.____ of ____

Plaintiff
Through

( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place :_____
Signed on: ___________
Filed on :