IN THE COURT OF SH. ______, SENIOR CIVIL JUDGE (DISTRICT ___________), DELHI
IA NO. __________ OF 20__
IN
SUIT NO. __________ OF 20__
IN THE MATTER OF:
ABC
…PLAINTIFF/APPLICANT
Versus
XYZ
…DEFENDANT/RESPONDENT
APPLICATION UNDER ORDER XXXIX RULE 2-A READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 ON BEHALF OF THE PLAINTIFF
MOST RESPECTFULLY SHOWETH:
-
That the above-noted suit for permanent injunction is pending adjudication before this Hon’ble Court. The contents of the plaint are hereby reiterated and may be read as an integral part of this application. The plaintiff/applicant is a lawful tenant of the premises bearing House No. ______, located at ________, New Delhi (hereinafter referred to as the “suit property”), while the defendant/respondent is the landlord of the same.
-
That along with the plaint, the plaintiff/applicant had filed an application under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908, seeking an interim injunction to restrain the defendant/respondent from interfering with the peaceful possession of the plaintiff/applicant over the suit property or dispossessing the plaintiff/applicant without due process of law.
-
That on ________ (date), this Hon’ble Court was pleased to grant an interim injunction in favor of the plaintiff/applicant, restraining the defendant/respondent from interfering in the peaceful possession of the suit property and further from dispossessing the plaintiff/applicant without following due process of law.
-
That despite being served with and having knowledge of the interim injunction order dated ________, the defendant/respondent, in utter contempt and disregard of this Hon’ble Court’s order, forcefully entered the suit property on ________ (date) with the assistance of certain anti-social elements. The defendant/respondent forcibly dispossessed the plaintiff/applicant, throwing the plaintiff/applicant’s household goods onto the roadside, causing grave mental agony and irreparable loss to the plaintiff/applicant.
-
That the aforesaid actions of the defendant/respondent constitute a clear, deliberate, and willful disobedience of the lawful orders passed by this Hon’ble Court, rendering the defendant/respondent liable under Order XXXIX Rule 2-A of the Code of Civil Procedure, 1908.
-
That the defendant/respondent, by his conduct, has interfered with the administration of justice and demonstrated willful disregard for the authority of this Hon’ble Court. Therefore, appropriate punitive and remedial measures are warranted to ensure compliance with the orders of this Hon’ble Court and to protect the rights of the plaintiff/applicant.
-
That the plaintiff/applicant craves leave of this Hon’ble Court to rely upon all relevant documents and affidavits in support of this application.
PRAYER:
In view of the above, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to:
a) Initiate action under Order XXXIX Rule 2-A of the Code of Civil Procedure, 1908 against the defendant/respondent for willful disobedience of the interim injunction order dated ________, and direct attachment of the defendant/respondent’s properties as per the attached list and further detain the defendant/respondent in civil imprisonment for the maximum period permissible under law;
b) Pass an order directing restoration of possession of the suit property to the plaintiff/applicant;
c) Grant any other or further relief as this Hon’ble Court may deem fit and proper in the interest of justice.
Delhi
Dated: ________
Through:
______________________
(Advocate for the Plaintiff/Applicant)
Plaintiff/Applicant
Enclosure:
- List of properties for attachment.
- Affidavit in support of the application, duly attested by the Oath Commissioner.
