IN THE HIGH COURT OF JUDICATURE OF …………….AT ……………….
C.M.P. No……………….. of 20…………
In
C.M.P No ……………… of 20 ………..
Between :
A.B. … Petitioner/ Petitioner
And
C.D. … Respondent/ Respondent
Affidavit of the petitioner abovenamed
I, Mr……………………………………………..………, an adult Indian inhabitants and residing at ……………………………..………. Road, ……………………………..….. District do hereby solemnly affirm and state as follows :
That I am the petitioner herein and also the petitioner in the above C.R.P. and the Appellant in C.M.A.No……………………………………………………..…. of …………………………..……… on the file of the Court of the ………………………………………………….. District Judge, …………………………..…… and the Respondent in ….……. No ………………….. of …………….. and the Defendant in O.S.No. ………………………………….. of ……………………………….. on the file of the Court of the …………………….….……. Junior Civil Judge, …………………………………………………………… and as such I am full aware about facts of the case.
1. I crave the leave of this Hon’ble Court to read the contents of the Memorandum of Grounds of Revision Petition may be read as part and parcel of this affidavit also for better appreciation of the facts and circumstances of the case.
2. I submit that I constructed a Cement brick wall shed and also certain super structures in the plaint schedule property. I submit that I filed C.M.A No…………………………………….. on the file of the Court of the ………………………………………… District Judge, …………………………………..….. as against the order made in I.A.No………………………………………… in O.S.No ………………….……………. and the same is pending disposal and an order of status quo was granted. I further submit that the order of temporary injunction has not attained finality and inasmuch as the C.M.A.No. ……………………………… is pending disposal. Even otherwise the effect of the interim order is protect possession of the party and not to take forcible possession with the assistance of the Police. I submit that the very fact that the shed and super structures raised by me are in existence in the plaint schedule property and the very fact the respondent/plaintiff wants to demolish such structures with the help of police under the guise of temporary injunction order clearly shows that he is acting so, with a mala fide intention, which cannot be sustained. It is also pertinent to note that I made repeated requests for the disposal of the main suit itself and further I also requested the learned District Judge, to dispose off the main C.M.A. at an early date but the other party for reasons best known to him is nor cooperating for the disposal of those matters, but surprisingly wants the police to come to their aid for removal of my upper structures. This is impermissible under the law. I submit that I have fair chances of success in the above C.R.P. and in the said circumstances, if the order of Court below is not suspended till the disposal of the C.R.P. I will be put to irreparable loss and injury.
It is, therefore, prayed that this Hon’ble Court may be pleased to suspend the operation of the order made in I.A.No……………………………… of …………………….….. in O.S. No…………………… of …………………., dated ……… on the file of the Court of the ………….. Junior Civil Judge, ……… pending the disposal of the above C.R.P.and pass such other and further order or orders as this hon’ble Court may deem fir proper in the circumstances of the case.
Deponent
Before me
Solemnly affirmed at …………………
on this …………….. day of………….. 20……
Advocate……………
MISC. PETITION Under section 151 OF C.P.C
IN THE HIGH COURT OF THE JUDICATURE OF …………….
AT ……………….
C.M.P. No……………….. of 20…………
In
C.M.P No ……………… of 20 ………..
Between :
A.B. … Petitioner/Petitioner
And
C.D. … Respondent/Respondent
For the reasons and in the circumstances stated in the accompanying affidavit, the petitioner herein prays in the interests of Justice, that this Hon’ble Court may be pleased to suspend the operation of the order made in I.A.No…………………………..…………. of …………………………………..……… in O.S. No………………….…………. of ………………………………… dated………………….……….. on the file of the Court of the ……………………………….……… Junior Civil Judge, ………………………..………….., pending the disposal of the above Civil Revision Petition, and pass such other and further order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.
Place :
Date :
Advocate for the petitioner