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APPLICATION FOR TEMPORARY INJUCTION

IN THE COURT OF SENIOR CIVIL JUDGE OR DISTRICT,


BENGALURU
CIVIL SUIT NO. 567 OF 2023

IN THE MATTER OF:


Saniya,

B11, Hulimavu gate

Bengaluru, Karnataka- 560076

…… Plaintiff

Vs.

Rohit,

Flat no.67, Prestige Hills

Bengaluru, Karnataka – 560072

……Defendant

APPLICATION FOR TEMPORARY INJUCTION

MOST RESPECTFULLY SHOWETH:

1. The Plaintiff, Saniya, respectfully requests that this Hon'ble Court grant a temporary
injunction against the Defendant, Rohit, to restrain him from continuing to use the
property located at Prestige Hills, until the final adjudication of this matter.
2. The Plaintiff is the owner of the property located at Prestige Hills, and the Defendant
is a tenant who is currently in possession of the property. The Plaintiff has filed a suit
against the Defendant seeking eviction and possession of the property due to the
Defendant's breach of the lease agreement and failure to pay rent.
3. The Plaintiff submits that the Defendant, Rohit is in illegal possession of the Plaintiff'
Saniya’s property and has caused significant damage to the property, violating the
terms of the lease agreement. The Plaintiff fears that if the Defendant is allowed to
continue using the property, he may cause further damage to the property, resulting in
irreparable harm to the property of Plaintiff.
4. The Plaintiff also submits that the Defendant may dispose of the interest in the
property or create third-party rights in the property, which will make the Plaintiff's
right to possess the property meaningless if the Plaintiff succeeds in the suit.
5. The Plaintiff relies on the provision of the Transfer of Property Act, 1882, particularly
Section 52, which provides for temporary injunction. Section 52 states that during the
pendency of a suit in which any right to Immovable Property is in the question, the
property cannot be transferred or otherwise dealt with by any party to the suit so as to
affect the rights of any other party to the suit under any decree that may be made
therein, except under the authority of the court and on such terms as it may impose.
6. Therefore, the Plaintiff, Saniya respectfully requests that this Hon'ble Court grant a
temporary injunction against the Defendant Rohit, restraining him from continuing to
use the property located at Prestige Hills, until the final adjudication of this matter.

PRAYER:

It is, therefore most respectfully prayed that this Hon’ble Court may be please to:-

a) Pass injunction restraining the defendants, their associates, servants, agents and their
representatives from interfering into the peaceful physical possession of the plaintiff’s
property in the above said premises and from dispossessing the applicant/plaintiff
from the same.
b) Pass such other and further order(s) as may be deemed fit and proper on the facts
and in the circumstances of this case.

Plaintiff
Advocate
[SANIYA]

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