Precedent No.
1
AFFIDAVIT: UNDER ORDER XXXIX, RULE I OF THE CODE OF CIVIL
PROCEDURE, 1908 - AD INTERIM INJUNCTION
BEFORE THE HON'BLE SUBORDINATE JUDGE'S COURT
IN THE MATTER OF:
Rajesh Verma
... PLAINTIFF
VERSUS
Aryan Builders & Ors.
... DEFENDANT
LA. No..................of 2024
In O.S No................of 2024
AFFIDAVIT
I, Rajesh Verma, S/o Late Shri Mohan Verma, aged about 45 years, residing at Plot No. 45,
Green Avenue, New Delhi, do hereby solemnly affirm and state as follows:
1. That I am the petitioner in the accompanying application and the plaintiff in the suit
referred to above and, being well-versed with the facts and circumstances of the case,
I am fully competent to swear to this affidavit.
2. That the present suit has been filed, inter alia, for a decree of permanent prohibitory
injunction restraining the defendants from interfering with my peaceful possession of
the suit property, bearing Plot No. 45, Green Avenue, New Delhi, and from
demolishing or disposing of the same during the pendency of the suit.
3. That on January 15, 2024, the defendant, Aryan Builders, falsely claimed that they
had acquired the land through a development agreement with the municipal
corporation and issued a legal notice directing me to vacate the property by March 1,
2024. I categorically deny any such transfer of ownership or development rights in
favor of the defendant.
4. That the suit property has been legally owned and possessed by me for the last 15
years, having inherited it from my late father. I hold all valid title documents proving
my ownership.
5. That I was compelled to file the present suit as the defendant is attempting to
dispossess me and commence demolition and redevelopment work despite my legal
ownership.
6. That further, I have learned that the defendant is making preparations to take forcible
possession of the property and commence construction activities, thereby violating
my legal rights.
7. That I have a strong prima facie case in my favor, and the balance of convenience
also lies in my favor. If the injunction is not granted, I shall suffer irreparable
injury which cannot be compensated in monetary terms, as I will lose my legally
owned residential property.
8. That, on the other hand, if the injunction is granted, the defendant will not suffer any
irreparable harm, as they have no legally recognized rights over the suit property.
9. That if an ex-parte order of injunction is not granted and this Hon’ble Court orders
notice in the injunction application, the purpose of the suit will be entirely defeated,
and the defendant may proceed with the demolition, rendering my legal claim futile.
10. That it is therefore just and necessary that this Hon’ble Court may be pleased to pass
an ex-parte order of interim injunction, restraining the defendant and their
employees, servants, agents, or representatives from taking any coercive
action, demolishing the suit property, interfering with my peaceful possession, or
disposing of the suit property to a third party, during the pendency of this suit.
Verification
Verified at New Delhi on this the .......... day of February, 2024, that the contents of the
above affidavit are true and correct to the best of my knowledge, belief, and information and
nothing material has been concealed therefrom.
Sd./
Rajesh Verma
Deponent
Solemnly affirmed and signed before me by the deponent, who is personally known to me, on
this the ............... day of .......... , 2024.
Sd./
Counsel for the deponent.
(Note: Affidavit to be attested by the appropriate authority prescribed under law. The
language of the affidavit should preferably be in the first person.)
