INTERLOCUTORY APPLICATION

IN THE COURT DISTRIC COURT OF SAKET JUDGE SUMIT SINGH

I. (Civil) NO. of 2021
IN
Original Petition No. of 2021
IN THE MATTER OF:
X -----------------------Appellant
Versus
Y RESIDENTIAL SOCIETY ---------------------Respondent
Cause Title: - Interlocutory Application
An application for a temporary injunction under Order XXXIX Rule 1 of the Civil Procedure Code,
1908
The applicant above-named states as follows:
1. That, the Plaintiff has filed the instant Interlocutory Application against the defendant of temporary
injunction for restoration of possession of immovable property
2. That, the Plaintiff is the landlord of a residential apartment in Y Residential Society (Defendant)
located in Delhi. Plaintiff leased out the apartment on rent to Z on 01.01. The lease has been
renewed every 11 months for a period of 11 months since 2010. The lease was last renewed for 11
months on 01.12 and a rent of Rs. 50,000/- was agreed between the parties. Z maintained the
residential property in a good condition and paid maintenance charges to Defendant over and above
the rent payable to Plaintiff.
3. That, Z defaulted in payment of rent to Plaintiff from January 2020. A scheme was agreed via email
and was meant to be an addendum to the rent agreement, for a temporary period. However, Z did
not comply with this scheme and did not make any payment. Z has not made any payment of rent till
date but continues living in the apartment.
4. That, after about 6 months, Z started ignoring all of Plaintiff’s communications. Left with no choice,
Plaintiff visited Z in December 2020 to give him an ultimatum that he either pay the arrears of rent or
vacate the property.
5. That, Plaintiff found the property was locked and upon inquiry, Plaintiff found out that Z had left the
city about a month ago on vacation. Z was expected to come back in another 15 days. They also
informed Plaintiff that Z had sold the property to Defendant.
6. That, Plaintiff approached the Defendant who informed him that the Society had purchased the
property from Z and that Z had given documents showing his title to the property. The President also
informed that Z had been paying rent to the Society and there was nothing the Society could do
about Plaintiff’s situation.
7. That, the chain of event leads to establishment of prima facie case of dispossession of immovable
property that must be restored hence, further investigation is needed.
8. That, the plaintiff is in possession, but his title to the property is in dispute, or under a cloud, or
where the defendant asserts title thereto and there is also a threat of dispossession from defendant,
the plaintiff will have to sue for declaration of title and the consequential relief of injunction.
9. That, Irreparable damages would be caused which may lead to dispossession and ill treatment of
immovable property leading to great losses to plaintiff. Temporary Injunction would cause no harm to
the defendant and if not will only add to the misery of the Plaintiff.
(All interlocutory applications shall be supported by an affidavit sworn by the Applicant/on its behalf
and attested by a Notary Public).
DECLARATION
The applicant above named hereby solemnly declare that nothing material has been concealed or
suppressed and further declare that the enclosures and typed set of material papers relied upon and
filed herewith are true copies of the originals or fair reproduction of the originals or true translation
thereof.
Verified at Delhi dated at 26th day of February 2021.
Counsel for Applicant
Sher Singh
2007/
Appellant

Affidavit
I X S/o Basant Singh age 38
working as Real estate agent,
resident of Malviya
Nagar do hereby verify that
the contents of the paras 1 to
5 are true to my
personal knowledge / derived
from official record ) and para 6
to 9 are believed to
be true on legal advice and that
I have not suppressed any
material facts.
th
Date: 26 /02/2021
Place: Delhi
Signature of the Appellant/
Petitioner or Authorised Officer Affidavit
I X S/o Basant Singh age 38 working as Real estate agent, resident of Malviya
Nagar do hereby verify that the contents of the paras 1 to 5 are true to my
personal knowledge / derived from official record) and para 6 to 9 are believed to
be true on legal advice and that I have not suppressed any material facts.
Date: 26th /02/2021
Place: Delhi
Signature of the Appellant/ Petitioner or Authorised Officer

DECLARATION
The applicant above named hereby solemnly declare that nothing material has
been concealed or suppressed and further declare that the enclosures and typed set
of material papers relied upon and filed herewith are true copies of the originals
or fair reproduction of the originals or true translation thereof.
Verified at Delhi dated at 26th day of February 2021.
Counsel for Applicant
Sher Singh
2007/209
Appellant

7. That, the chain of event

leads to establishment of
prima facie case of
dispossession of immovable
property that must be restored
hence, further
investigation is needed.
8. That, the plaintiff is in
possession, but his title to the
property is in dispute, or
under a cloud, or where the
defendant asserts title thereto
and there is also a
threat of dispossession from
defendant, the plaintiff will
have to sue for
declaration of title and the
consequential relief of
injunction.
9. That, Irreparable damages
would be caused which may
lead to dispossession
and ill treatment of immovable
property leading to great losses
to plaintiff.
Temporary Injunction would
cause no harm to the defendant
and if not will
only add to the misery of the
Plaintiff.
(All interlocutory applications
shall be supported by an
affidavit sworn by the
Applicant/on its behalf and
attested by a Notary Public).
DECLARATION
The applicant above named
hereby solemnly declare that
nothing material has
been concealed or suppressed
and further declare that the
enclosures and typed set
of material papers relied upon
and filed herewith are true
copies of the originals
or fair reproduction of the
originals or true translation
thereof.
th
Verified at Delhi dated at 26
day of February 2021.
Counsel for Applicant
Sher Singh
2007/209
Appellan
7. That, the chain of event leads to establishment of prima facie case of
dispossession of immovable property that must be restored hence, further
investigation is needed.
8. That, the plaintiff is in possession, but his title to the property is in dispute, or
under a cloud, or where the defendant asserts title thereto and there is also a
threat of dispossession from defendant, the plaintiff will have to sue for
declaration of title and the consequential relief of injunction.
9. That, Irreparable damages would be caused which may lead to dispossession
and ill treatment of immovable property leading to great losses to plaintiff.
Temporary Injunction would cause no harm to the defendant and if not will
only add to the misery of the Plaintiff.
(All interlocutory applications shall be supported by an affidavit sworn by the
Applicant/on its behalf and attested by a Notary Public).
DECLARATION
The applicant above named hereby solemnly declare that nothing material has
been concealed or suppressed and further declare that the enclosures and typed set
of material papers relied upon and filed herewith are true copies of the originals
or fair reproduction of the originals or true translation thereof.
Verified at Delhi dated at 26th day of February 2021.
Counsel for Applicant
Sher Singh
2007/209
Appellan

Application under Section 5 of Limitation Act along with Affidavit

In the Court of………
Civil Misc. Application No………….….
(Under Section 5 of India Limitation Act)
In
First Application Order No………….…..
District-…………..
Smt. ........................ and others …Petitioner
Versus
M/s……………….. and others …Respondents
To,
The Hon'ble Chief Justice and his other companion Hon'ble Judges of
the aforesaid Court.
The humble application of the applicant most respectfully showeth as
under :
1. That on facts and circumstances of the case, stated in the
accompanying affidavit, it is, just and expediment in the interest of
justice that this Hon'ble may most graciously be pleased to condone
the delay in filing the aforesaid appeal.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may
most graciously be pleased to condone the delay is filing the aforesaid
appeal.
Advocate for the appellants.
In the High Court of judicature at Allahabad
Affidavit
In
Civil Misc. Application No….…….
(Under Section 5 of Indian Limitation Act)
In
District…………
First appeal from Order No of ………
Smt. ……..………………. and others …Petitioner
Versus
M/s………………………. and other …Respondents/Opp. Party
Affidavit of …………… aged about …..……..years, S/o Sri…………………..
……............ R/o ………….., Allahabad
…Deponent
I, the deponent abovenamed do hereby solemnly affirm and State on
oath as under :
1. That the deponent is the Clerk to Sri ……………………….., Advocate,
High Court,. Allahabad, in the abovenoted case and as such he is well
acquainted with the facts deposed to below.
2. That the papers of the aforesaid appeal were received through post
in the office of Shri……………..………………., Advocate on ………20……..
3. That unfortunately the papers of the aforesaid appeal on account of
over sight and mistake of the deponent, were kept alongwith the
papers of the an other case and were thus misplaced in the office of
the aforesaid counsel.
4. That it was only on ……..………… 20…….. when the aforesaid Counsel
visited ……., the appellant in the aforesaid appeal met the counsel and
enquired about the aforesaid appeal.
5. That consequent upon the said enquiry the said counsel made
frontia afforts to locate the papers in his office upon his returned to
……… on ………..20…..
6. That then the papers were found lying in another file, Thereafter the
present appeal was drafted, reported and filed.
7. That there has been no negligence on the part of the appellants in
filing the present appeal. Whatever delay has occurred, it has
occurred on account of the over sight and mistake of the office of Sri
………….……………., Advocate.
8. That in the aforesaid circumstances it is just and expedient in the
interest of justice that this Hon'ble Court may be pleased to condone
the delay in filing the present appeal.
I, the deponent abovenamed do hereby declare that the contents of
Paragraph Nos…………… of this affidavit are true to m personal
knowledge; and those of Paragraph Nos…………… of the affidavit are
based on record; and those of Paragraph Nos ……….. of the affidavit
are based on information received; and those of Paragraph
Nos………….. of this affidavit arc based on legal advice, which all I
believe to be true that no Part of it is false and nothing material has
been concealed in it.
So help me God.
Deponent
I…….…………….. Advocate, High Court, …………..……. do hereby declare
that the person making this affidavit and alleging himself to be the
deponent in the name of person who in known to me personally as my
Clerk.
Advocate
Solemnly affirmed before me on this the day of …………., 20……. at
about …….............. A.M./P.M. by the deponent who has been identified
by the aforesaid person.
I have satisfied myself by examining the deponent who has
understood the contents of this affidavit and has been readover and
explained to him by me in Hindi.