IN THE COURT OF CIVIL JUDGE (JUNIOR DIVISION), KANPUR NAGAR AT
KANPUR
CIVIL SUIT NO. 2393 OF YEAR 2022
IN THE MATTER OF:
Mr. Rishabh Rathore
S/O Late Raju Rathore
R/O 69/137 Danakhauri,Kanpur Nagar
PLAINTIFF
VERSUS
1. Mr. Monu Rathore
S/O Late Jagannath Rathore
R/O 69/137 Danakhauri,Kanpur Nagar
2. Mrs. Nitu Rathore
W/O Mr. Monu Rathore
R/O 69/137 Danakhauri,Kanpur Nagar
DEFENDANTS
APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER XXXIX, RULE 1
& 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE,1908
The Plaintiff most respectfully submits that:
1. That the above mentioned suit for permanent injunction under Section 37 and 38 is
pending regardinf the property located at 52/42, Ghantaghar, Kanpur Nagar for disposal
in the Hon’ble Court.
2. That in the above mentioned suit Mr. Rishabh Rathore S/O Late Raju Rathore R/O
69/137 Danakhauri, Kanpur Nagar is the Plaintiff and Mr. Monu Rathore S/O Late
Jagannath Rathore R/O 69/137 Danakhauri, Kanpur Nagar is the Defendant no. 1 and
Mrs. Nitu Rathore W/O Mr. Monu Rathore R/O 69/137 Danakhauri, Kanpur Nagar is the
Defendant no. 2.
3. That the plaintiff and the defendants reside together at the above mentioned address i.e.
69/137 Danakhauri, Kanpur Nagar.
4. That the plaintiff has the ownership and possession of the above mentioned property i.e.
52/42, Ghantaghar, Kanpur Nagar and he is running a business of tailoring in the name
and style of “NATH TAILORS” in the above mentioned shop.
5. That the plaintiff acquired the ownership of the shop after the demise of his father who
used run the business along with the Plaintiff’s Grandfather. The plaintiff has absolute
right and legitimate claim over the property as he is the only son of his father Late Raju
Rathore.
6. That the Defendant no. 1 is the uncle of the Plaintiff and on various occasions have
created nuisance at the above mentioned property causing reputational loss to the
Plaintiff. The Defendant no. 1 has also tried to threaten and forcefully evict the plaintiff
and his mother from the above mentioned property as well as the ancestral home that the
Plaintiff shares with the Defendants.
7. That on the date 09/10/2022, the Defendant no. 1 went to the above stated shop and tried
to lock the shop with a new lock with the ill intention to illegally acquire the possession
of the shop. Later, the Defendant no. 1 behaved irrationally and abused the Plaintiff with
filthy language and once again threatened the Plaintiff and his mother to vacate the shop.
8. That the above stated incident became the cause for filing the above mentioned suit in the
Hon’ble Court in order to seek relief and justice.
9. That it is important to mention that the above mentioned shop is the lone source of
income for the Plaintiff and his family and the irrational behavior of the Defendant no. 1
by causing hindrances and nuisances for the Plaintiff is causing huge reputational and
financial loss to the Plaintiff.
10. That in case the Defendants are not restrained by means of ad- interim injunction for
dispossessing the Plaintiff from the above mentioned property and interfering in physical
peaceful possession of the said property, the plaintiff shall suffer irreparable loss and
injury and the suit shall become anfractuous and would lead to multiplicity of the cases.
11. That the plaintiff has got a prima facie case in his favor as well as the balance of
convenience lies in his favor and against the defendants.
12. That the property of the suit is situated in the jurisdiction of the Hon’ble Court, therefore
the Hon’ble Court has the jurisdiction to entertain, try and dispose this case.
PRAYER
That the Plaintiff, therefore, pray that this Hon’ble Court-
1. To pass an ad-interim relief of injunction in favor of the plaintiff restraining the
defendants, their associates, servants, agents and their representatives from interfering
into the peaceful possession of the above mentioned by the plaintiff and dispossessing
the plaintiff from the same.
2. To pass any other order that the Hon’ble Court deems fit for the sake of relief and
justice .
DATE-
PLACE-
SIGNATURE-
PLAINTIFF
VERIFICATION
I, [Link] Rathore S/O Late Raju Rathore and Mrs. Sunita Rathore R/O 69/137 Danakhauri ,
hereby solemnly verify that all the above mentioned content(facts/points/paras) from 1 to 12 are
best to my knowledge, correct and true and no part of it is false and no material is concealed
therein.
DATE-
SIGNATURE-