Prepare an Injunction Suit Under C.P.C.

IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION), PLACE

Civil Suit No.:3980 of 2008

Avinash kumar                                                                                    ………….Plaintiff

Versus

Mirdula Raj                                                                                       ………..Defendants

Suit for Permanent Prohibitory Injunction and Mandatory Injunction restraining the defendant from raising any construction over the suit land comprising in Khata Khatauni No. 3890 Khasara No. 7899 measuring 10 Biswas situated at Prayagraj restraining the defendant from causing any construction over the suit land against the Municipal Corporation Act and Bye-Laws and Town & Country Planning Act and Rules and also directing the defendant to remove illegal and unauthorised construction over the suit land owned and possessed by the plaintiff and also directing the demolition of the construction already raised or raised during the pendency of this suit on the set-back area of the suit land owned by the defendant Mirdula Raj and also with the prayer to direct the defendant to handover the peaceful possession of the suit land already encroached upon by the defendant No. 1.

Respectfully Showeth:-

1. That the plaintiff is owner in possession of land comprising in Khata Khatauni No. 3890 Khasara No. 7899 measuring 100 Biswas situated at Prayagraj as per the Jamabandi for the year 2020. The plaintiff has a building raised on the above land duly sanctioned by the appropriate authority.

2. That the defendant is owner of the land comprised in Khata Khatauni No. 3890 Khasara No. 7899 situated at Prayagraj as per the Jamabandi for the year 2020.

3. That the defendant No. 1 during the month of march has started raising further construction in as much as without leaving any set-backs as prescribed by the law and further encroached upon the land of the plaintiff by projecting the Chhajjas towards the land of the plaintiff and thus obstructing light, air and sun to the building of the plaintiff besides causing nuisance to the plaintiff and his tenants, thereby depriving the plaintiff of his easementary rights of light, air and sun, hostile to the very knowledge of the defendant or other persons living in the vicinity. The said rights of easementary have now been infringed by the defendant in the month of March by raising the construction in haphazard manner.

4. That the cause of action accrued to the plaintiff on 5/5/2020.

5. That the plaintiff is permanently residing within the jurisdiction of this Hon’ble court and all the correspondence from the defendants were received at his home address and the office of the defendant is located in the territory of this Hon’ble Court, hence this court has each and every jurisdiction to try and entertain this suit.

6. That the value of the suit for the purposes of jurisdiction has been fixed for Rs. 200/- and for the purposes of declaration and correct and authorised court fee stamp of Rs. 2000 has been affixed on the plaint.

7. That no suit has been instituted against the defendants on the same or similar cause of action in any other court including High Court and Supreme Court of India.

8. It is, therefore,  respectfully prayed that a decree for Permanent Prohibitory Injunction and Mandatory Injunction restraining the defendant from raising any construction over the suit land comprising in Khata Khatauni No. 3890 Khasara No. 7899 measuring 100 Biswas restraining the defendant from causing any construction over the suit land against the Municipal Corporation Act and Bye-Laws and Town & Country Planning Act and Rules and also directing the defendant to remove illegal and unauthorised construction over the suit land owned and possessed by the plaintiff and also directing the demolition of the construction already raised on the set-back area of the suit land owned by the defendant and also with the prayer to direct the defendant to handover the peaceful possession of the suit land already encroached upon by the defendant No. 1, be passed in favour of plaintiff and against the defendants with costs of the suit. Such other reliefs as deemed fit and proper in the facts and circumstances of the case may also be passed in favour of the plaintiff and against the defendants in the interest of justice.

AND FOR THIS ACT OF KINDNESS, THE HUMBLE PLAINTIFF AS IN DUTY BOUND SHALL EVER PRAY.

Place                                     

Plaintiff

_______ Through, Advocate

Verification:

I, Avinash kumar, do hereby verify that the contents of the above plaint from paras 1 to 8 are true and correct to the best of my knowledge and belief.

Verified at place this 5/5/2020

Plaintiff