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Coimbatore Civil Suit for Injunction

The document outlines a civil suit filed by a plaintiff against a defendant for a permanent prohibitory injunction and mandatory injunction, seeking to prevent the defendant from constructing on land owned by the plaintiff and to remove any unauthorized constructions. The plaintiff claims ownership of the land and asserts that the defendant's actions infringe upon their easement rights, causing nuisance and obstruction. The suit also requests the court to direct the defendant to restore peaceful possession of the encroached land and to demolish any illegal constructions.

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13 views11 pages

Coimbatore Civil Suit for Injunction

The document outlines a civil suit filed by a plaintiff against a defendant for a permanent prohibitory injunction and mandatory injunction, seeking to prevent the defendant from constructing on land owned by the plaintiff and to remove any unauthorized constructions. The plaintiff claims ownership of the land and asserts that the defendant's actions infringe upon their easement rights, causing nuisance and obstruction. The suit also requests the court to direct the defendant to restore peaceful possession of the encroached land and to demolish any illegal constructions.

Uploaded by

devkhandelwal.nlc
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

IN THE COURT OF CIVIL JUDGE, COIMBATORE

Civil Suit No.:_______ of 2008

Plaintiff

Versus

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. _____, Khasara No. __ measuring _____
Biswas situated at _______ 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 _____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 Sheweth:

1. That the plaintiff is owner in possession of land comprising in Khata


Khatauni No. _____ Khewat No. _____, Khatauni No. _____, Khasara No. _____
measuring ______ Biswas situated at ________ as per the Jamabandi for the
year ______. ______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. ________, Khasara No. ______ situated at _______ as per the Jamabandi
for the year _______.

3. That the defendant No. 1 during the month of __ 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, which rights were
being enjoyed by the plaintiff and his predecessor-in-interest from time
immemorial peacefully, openly and 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
______ by raising the construction in haphazard manner in asmuch as the
defendant ______

4. That the cause of action accrued to the plaintiff on ______

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. __ has been affixed on the plaint.

7. That no suit has been instituted agasinst 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, most 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. _____, Khasara No. _____ measuring _____ Biswas situated in
_____ 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.

Coimbatore Plaintiff

_______ Through, Advocate

Verification:

I, _______-, do hereby verify that the contents of the above plaint from
paras 1 to _______ are true and correct to the best of my knowledge and
belief.
Verified at Coimbatore this the _______.

Plaintiff

IN THE COURT OF CIVIL JUDGE, COIMBATORE

Civil Suit No:_______ of 2008

Plaintiff

Versus

Defendant

Affidavit

I, ______, do hereby solemnly affirm and declare as under:-

1.______ That the accompanying plaint has been drafted under my


instructions. For the sake of brevity, the contents of plaint are not being
reproduced hereunder in this affidavit. However, the contents of the plaint
may kindly be read as part and parcel of this affidavit.

2. That the contents of paras 1 to ______ of the plaint are correct and true
to the best of my knowledge and paras _____ to _____ are believed to be
correct being legal advise given by the counsel.

3. That I further solemnly affirm and declare that the contents of this
affidavit of mine are correct and true and no part of it is false and nothing
material has been concealed therein.

Affirmed here at Coimbatore this ______.

Deponent

IN THE COURT OF CIVIL JUDGE, COIMBATORE

Application No: ______ of 2008

Applicant

Versus

Respondent

Application under order 39 Rule 1 and 2 of the Civil Procedure Code for
Permanent Prohibitory Injunction and Mandatory Injunction restraining the
defendant from raising any construction over the suit land comprising in
Khata Khatauni No. ________, Khasara No. __ measuring _______ Biswas
situated at _______ 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.

Respectfully Sheweth:
1. That the applicant/plaintiff has filed a case before this Hon'ble Court
hearing where of will take some time.

2. That it is apparent from perusal of grounds and documents attached


therewith that the applicant has prima facie a very good case in his favour
and the case is likely to succeeds. The balance of convenience is in favour
of the applicant. The grounds of the case may be read as part of this
application to save the repetition.

3. That the interest of justice demands that the respondent is restrained


from __. In case the respondents are not restrain that the applicant will
suffer irreparable loss and injury which cannot be compensated in terms
of money and filing of this case will become infructuous.

4. It is therefore most respectfully prayed that the respondents be


restrained from _______ in the interest of justice. Such other orders he also
passed in favour of the applicant as deemed fit in facts and circumstances
of the case.

Coimbatore Applicant

_____ Advocate

IN THE COURT OF CIVIL JUDGE, COIMBATORE

Application No: of 2008

_________ Applicant

Versus
Respondent

Affidavit in support of application under order 39 Rule 1 and 2 of the Civil


Procedure Code.

I, , do hereby solemnly affirm and declare as under:-

1. That the accompanying application has been prepared under my


instructions.

2. That the contents of paras 1 to __ are true and correct to the best of my
knowledge.

3. That I further solemnly affirm and declare that the contents of this
affidavit of mine are correct and true to the best of my knowledge and no
part of it is false and nothing material has been concealed therewith.

Affirmed at Coimbatore this ________

Deponent

IN THE COURT OF CIVIL JUDGE, COIMBATORE

________ Versus ________

Suit : for Declaration

------------------------------------------------------
Name & Parentage Address

------------------------------------------------------

-1-

------------------------------------------------------

In the above noted suit every summons, notice & other order may be
served on me on the address given above during the pendency of th suit.
Change of Address will be intimated to the Court.

Dated : ______

Sd:-

Plaintiff Petitioner

Defendant Respdt.

Through, Advocate

Process Fee

IN THE COURT OF CIVIL JUDGE, COIMBATORE

________ Versus ________

Claim : for Declaration


Date of Hearing :________

Date ________

By Whom Filed________

Purpose________

Amount ________

Stamp ________

________

Plaintiff

For service of defendants

Advocate

_______________________________________________

Received on ________ Court-fee stamp of the value of Rs. _____ with ______
copies in case No.: _____ of 2008 in Re. ________ Vs ________

Signature of the Head Notice Writer

Under Order 7 Rule 13 [1] C.P.C.

List of Documents Filed By Plaintiff/Defendant

IN THE COURT OF CIVIL JUDGE, COIMBATORE


________ Versus ________

Date of Hearing: __________

Suit for : for Permanent Prohibitory Injunction

Date of Production :________

[Link] Details, Date What is If Documents If Rejected

Documents Intended Filed What is Then the

to be the Exh Marked Date of

Proved From on it Return of

Document Documents

Date: Counsel for Plaintiff/Defendant

List of Documents Relied Upon

Under Order 7 Rule 14 CPC Filed by :_______

IN THE COURT OF CIVIL JUDGE, COIMBATORE

______ Versus ______

Suit : for Permanent Prohibitory Injunction Date of hearing:


----------------------------------------------------------------

1. Have you produced any

documents with the plaint

so, what are those [Link] Sir, as per list.

2. Do you wish to produce any more

documents which are in your

possession and custody

if so, what are those [Link] sir, if required.

3. Do you wish to rely upon any

other documents, if so in

whose possession they are and

what are those documents. Yes sir, later on from the custody of the
defendants.

-----------------------------------------------------------

Counsel for

Dated : ______

Through, Advocate

Common questions

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Verifying and affirming claims via affidavits carries significant legal implications as it legally binds the plaintiff to their statements, reinforcing credibility and intention under oath. This enhances the plaintiff's trustworthiness in court proceedings, deterring false claims or misleading evidence. In this case, the use of affidavits aims to strengthen the case by underscoring the authenticity of the grievances and supporting documentary evidence .

Municipal and town planning acts play a critical role in the legal arguments presented by the plaintiff. These laws set guidelines for land use and construction to maintain order, safety, and aesthetics in urban areas. The plaintiff argues that the defendant’s construction violates these acts by not adhering to prescribed set-backs and zoning laws, thus strengthening the claim for the unauthorized and illegal nature of the defendant's actions. Enforcing these legal provisions aids in protecting community rights and ensuring lawful development practices .

The plaintiff has taken several procedural steps to support their claim, including filing a civil suit for a permanent prohibitory injunction and mandatory injunction, detailing ownership through legal documents (Khata Khatauni and Khasara numbers), and arguing the case's merit based on the infringement of easementary rights. Additionally, they have affirmed the authenticity of their claims through affidavits and legal verification processes, emphasizing no similar suit has been filed elsewhere, thus maintaining judicial process integrity .

The plaintiff emphasizes urgency by detailing ongoing construction that disrupts their easementary rights and violates municipal laws, pressing for immediate court intervention to prevent further irreparable damage. The potential for rendering the suit infructuous if construction continues enhances the pressing nature of their request for an injunction .

The 'set-back area' is significant in urban planning as it refers to the required open space around a building as per municipal regulations to ensure infrastructure integrity, access, and minimize disturbances between properties. In this legal suit, the defendant's construction within the set-back area violates these regulations, thus strengthening the plaintiff's argument for an injunction as it breaches municipal and town planning laws, leading to obstruction of light, air, and creating a nuisance .

The document establishes the jurisdiction of the Court of Civil Judge in Coimbatore by stating that the plaintiff resides permanently within the court's jurisdiction, the correspondence from the defendants was received at the plaintiff's home address, and the defendant's office is located within the court's territory. This establishes the physical presence criteria within the legal framework for jurisdiction .

The plaintiff preemptively addresses potential defenses related to previous legal actions by clearly stating that no other suit has been instituted against the defendants on the same or similar grounds in any other court, including the High Court and Supreme Court of India. This tactic aims to prevent the defense from potentially dismissing the current suit on grounds of redundancy or previous litigation, preserving the suit's standing .

The 'balance of convenience' assesses which party would suffer more harm from the granting or refusal of an injunction, aiming to minimize unfair detriment. In this case, the concept applies as the plaintiff claims that disallowing the injunction would result in irreparable harm to their property rights and enjoyment, whereas stopping the defendant's construction would prevent further unauthorized encroachment and legal non-compliance .

The plaintiff is seeking to protect their easementary rights to light, air, and sun, which they have historically enjoyed. These rights have been infringed by the defendant's unauthorized construction and encroachment on the plaintiff's land. The plaintiff is seeking a permanent prohibitory and mandatory injunction to restrain the defendant from continuing with any construction and to compel the removal of the existing infringing structures .

The potential consequences for the plaintiff if the injunction is not granted include suffering irreparable loss and injury that cannot be compensated in monetary terms. Additionally, the purpose of filing the case would become infructuous, thus failing to protect the plaintiff's rights and interests as delineated in the suit .

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