BEFORE THE SENIOR CIVIL JUDGE OR DISTRICT JUDGE AT _________

CIVIL SUIT NO. __________ OF 20__

IN THE MATTER OF:

Mr. _________                                                            PLAINTIFF/ APPLICANT

 

VERSUS

Mr. ____________                                                    DEFENDANT/ RESPONDENT

 

INJUNCTION APPLICATION UNDER ORDER XXXIX, RULE 1 AND 2, and

SECTION 151 OF CIVIL PROCEDURE CODE, 1908

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:

P R A Y E R

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/ APPLICANT

THROUGH

______________., Advocate

Place :

Date :

AFFIDAVIT

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__
 

PLAINTIFF/ APPLICANT
 Facts of the matter:

1. Celebrity actor Bonny Depp got married to an actress Amber Seen on 15 th January
2020 in the city of Mumbai.
2. After a few years of marriage, disputes arose between them and Amber Seen filed a
suit for divorce against Bonny Depp on the ground of cruelty under Section 13 of the
Hindu Marriage Act, 1955 on 7th February 2022.
3. While the proceeding for divorce were pending, Amber Seen wrote an article which
on 10th June 2022 was published in the newspaper-Times of Mumbai having vast
circulation in the city of Mumbai where they both reside. The article described in
detail how she was a survivor of domestic abuse at the hands of her spouse without
mentioning the name of Bonny Depp. The article was also published on the e-paper
on the same date. The link to the same was tweeted by Amber Seen through her
twitter handle.
4. Bonny Depp instituted a suit for civil defamation against Amber Seen and the
newspaper – Times of Mumbai on 15th June 2022.
5. As the counsel for Bonny Depp, draft an application for temporary injunction for
restraining the publication of defamatory statements against him.