BEFORE THE SENIOR CIVIL JUDGE OR DISTRICT JUDGE AT
_________
Ref:- CIVIL SUIT NO. __________ OF 20__
IN THE MATTER OF:
Mr. _________ PLAINTIFF/ APPLICANT
VERSUS
Mr.
____________ DEFENDANT/RESPONDENT
The Humble petition filed on
behalf of the plaintiff Under
Order 39 Rule 1&2 of C.P.C
MOST RESPECTFULLY SHOWETH:
The Plaintiff / Applicant, above named, respectfully submits as
under:
1. That the Plaintiff has filed the above titled suit against the
Defendant / Respondent for decree of Specific Performance of
Agreement to Sell dated _____ and Memorandum of
Understanding dated ___ and same is pending before this
Hon'ble Court.
2. That by aforesaid agreement to sell, the Defendant /
Respondent agreed to sell and transfer to the Plaintiff the Suit
Property, fully described in the Plaint. Copy of the said
agreement and Memorandum of Understanding has been
annexed to the Suit.
3. That the Plaintiff paid to the Defendant a sum of Rs ______ by
Cheque No____ dated by way of earnest money. Balance of
Rs.______ was to be paid at the time of execution and
Registration of Sale Deed.
4. The at the time of Execution of the said agreement, the
Defendant put the Plaintiff in possession of the said property.
5. That the Sale Deed was to be executed and got registered on
________. But on the given date the Plaintiff visited the office of
the Sub-Registrar in connection with execution and registration
of sale deed. The Plaintiff took along the balance sale
consideration of Rs. _____. The Plaintiff kept on waiting for the
Defendant, but the Defendant did not visit the office of the Sub-
Registrar in connection with execution of the Sale Deed. The
Plaintiff got his appearance marked at the office of Sub-Registrar
by filing an application.
6. That thereafter the Plaintiff served a legal notice on the
Defendant through his Advocate on______ through Registered
post, but no reply has been received so far from the Defendant.
All the attempts on the part of Plaintiff to persuade the
Defendant to complete the transaction in terms of the said
agreement have failed.
7. That the Plaintiff has always been ready and willing to perform
his part of the contract.
8. That the Plaintiff has a prime facie case in his favour and
balance of convenience also lies in his favour.
9. That the suit property is situated within the Jurisdiction of this
Hon'ble Court. Having regard to the cause of action, narrated
above, this Hon'ble Court has the Jurisdiction to entertain any try
this Suit.
10. That the Plaintiff has come to know that the Defendant is
trying to dispose of the Suit Property and for this purpose, some
persons have contacted him through a property dealer. In case,
Defendant not restrained from disposing of or creating third party
interest in respect of the Suit property during pendency of the
Suit, Plaintiff shall suffer irreparable injury and loss which cannot
be compensated in terms of money. Any such transaction would
also lead to multiply of proceedings.
10. In the facts and circumstances of case mentioned herein
above this Hon'ble Court may graciously be pleased to:
PRAYER
That the Plaintiff, therefore, pray that this Hon'ble Court -
a) to Grant ad-interim relief of Injunction in favour of the Plaintiff
and against the Defendant restraining him and/ or his servants,
agents or nominees from selling, disposing of, assigning or in any
way transferring the suit property to any person, during the
pendency of the aforesaid suit;.
b) to grant any other relief, which the Hon'ble court deems fit,
may please be granted to the plaintiff in the interest of justice.
….…………………………. …. .………….
Plaintiff’s Advocate Plaintiff
Verification
I, ____________, the above named Plaintiff / Applicant, do
solemnly declare that whatever has been stated in Para 1 to __
of the Application are true and correct to the best of my
knowledge and whatsoever has been stated in Para No___ to
Para No___ is stated on the information received by me and I
believe the same is true.
Verified at ____ on this ______ day of _____ 20__
Place……………… ……………..
Dated…………….. Plaintiff
