A PETITION UNDER SECTION 13 (1)(ia) OF THE HINDU MARRIAGE ACT, 1955 ON BEHALF OF THE PETITIONER

ROHINI COURTS, DELHI

CS NO. /20XX

      IN THE MATTER OF :

      Mrs. XXXXX ….Plaintiff

      Smt. Krishna Devi and others ….Defendants

APPLICATION UNDER ORDER 39 RULE 1 AND 2, READ WITH SECTION 151 OF C.P.C FOR GRANTING THE PROHIBITORY INJUNCTION AGAINST THE DEFENDANTS.

MOST RESPECTFULLY SHOWETH:

1.   That the Plaintiff has filed the suit for Partition, which is pending for adjudication before this Hon’ble Court.
   

2. That the contents of the partition suit, shall be read as part and parcel of this application which are not being reproduced herein for sake of brevity.
   

3. The plaintiff apprehends, in view of the facts and circumstance given the accompanying partition suit, that the defendants will transfer/alienate/mortgage or create third party interest in the suit property, and will refrain the plaintiff for getting the 1/7th share in the suit property.

4. That the Plaintiff submit that unless all the Defendants are restrained, from transferring/alienating/mortgaging or creating third party interest in the suit property, irreparable harm, loss and injury would be caused to the Plaintiff, which cannot be compensated in terms of money and the very purpose of filing the instant suit will be defeated.

5.       That the balance of convenience is in the favor of the plaintiff and against the defendants and the plaintiff will succeed in the suit in all probabilities.
   

In view of above facts and circumstances, it is therefore most respectfully and humbly prayed that this Hon’ble Court may graciously be pleased to:-

a. Pass ex-parte interim order by restraining all the defendant No. 1 to 6, and their agents, administrators, attorneys and representatives, from selling, transferring, alienating, mortgaging, or creating third party charge in the suit property, situated at Flat no. XX, XXXXX, X.X.X.X LTD, Plot No. X, XXXXX, Delhi -110XXX, more specifically shown in the attached site plan.

b. Pass such other and further order as this Hon’ble Court deems fit and proper in the facts and circumstances of this case in favor of the Plaintiff and against the Defendants.

      Plaintiff

Place: New Delhi

Date: Through COUNSEL

      XXXXXXXXX & ASSOCIATES

Office No.1, XXXXX, Delhi-XX,
(M)-XXXXXXXXXXX

ROHINI COURTS, DELHI

CS NO. /20XX

     IN THE MATTER OF :

     Mrs. XXXXX ….Plaintiff

     Smt. XXXXXXXX and others ….Defendants

I, Mrs. XXXX, aged about XX years, Wife of Shri XXXX daughter of Late Sh. XXXXX R/O Flat no. XX, Pocket XX, Sector XX, XXXXX, Delhi, do hereby solemnly affirm and declare as under:

1. That I am the Plaintiff in the above-mentioned case and as such well conversant with the facts and circumstances of the case hence competent to swear this affidavit.

2. That the accompanying application, has been drafted by my counsel under my instructions and its content have been read over and explained to me in my vernacular, which are true and correct to my knowledge and belief and its contents shall be read as part and parcel of this affidavit, which are not repeated herein for the sake of brevity.

DEPONENT

I, Mrs. XXXX, the deponent above named do hereby verify that the contents of above affidavit are true to my knowledge and belief, no part of the same is false and nothing material has been concealed therefrom.

Verified at Delhi on ………. Day of , 20XX.

      DEPONENT