IN THE COURT OF THE CITY CIVIL JUDGE, AT BENGALURU CITY
Interlocutory Application No……………..of 2023
IN
Original Suit No. XX of 2023
BETWEEN:
Smt. Elsa Varghese
D/o Papa Varghese
Aged about 35 years
Residing at B-18, London Building
Koramangala, Bangalore
Karnataka (560000)
…PLAINTIFF
AND:
Smt. Anna Varghese
D/o Papa Varghese
Aged about 39 years
Residing at D-20, Paris Towers
Indiranagar, Bangalore
Karnataka (561000)
…DEFENDANTS
INTERLOCUTORY APPLICATION FILED BY THE PLAINTIFF UNDER ORDER
39 RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908, FOR TEMPORARY
INJUNCTION
That for the reasons urged and sworn to in the accompanying affidavit, the Plaintiff humbly
prays that this Hon’ble Court be pleased to grant a temporary injunction against the
Defendant restraining them from alienating the suit schedule property pending disposal of the
suit, in the interest of justice.
Place: Bengaluru Advocate for Plaintiff
Date:
IN THE COURT OF THE CITY CIVIL JUDGE, AT BENGALURU CITY
Interlocutory Application No……………..of 2023
IN
Original Suit No. XX of 2023
BETWEEN:
Smt. Elsa Varghese
D/o Papa Varghese
Aged about 35 years
Residing at B-18, London Building
Koramangala, Bangalore
Karnataka (560000)
…PLAINTIFF
AND:
Smt. Anna Varghese
D/o Papa Varghese
Aged about 39 years
Residing at D-20, Paris Towers
Indiranagar, Bangalore
Karnataka (561000)
…DEFENDANTS
AFFIDAVIT
I, Smt. Elsa Varghese D/o Sri Papa Varghese, aged about 35 years, residing at B-18, London
Building, Koramangala, Bangalore, Karnataka (560000), do hereby solemnly affirm and
state on oath as under:
1. That I am the Plaintiff in the above-mentioned suit. I know the facts of the case.
Hence, I am swearing to this affidavit.
2. That I have instituted the present suit against the Defendants on 11.11.2023 seeking
specific performance, damages for breach of contract and other reliefs.
3. That I had entered into a written deed dated 21.07.2022 (21 st July Two Thousand and
Twenty Two) with the Defendant dividing the inherited property of our father. As per
terms of the deed, the ancestral house (Plot No. I) went to the Defendant, a vacant plot
(Plot No.II) went to the Applicant and a common plot for the pathway of vehicles, to
pass through the property (Plot No. III), was to be shared between both the Applicant
and the Defendant. True Copy of the deed dated 21.07.2023 entered into between the
parties is produced herewith as Document No. 1.
4. I submit that after demise of Mr Papa Thomas, defendant decided to demolish the
ancestral house namely Plot I despite the consideration that deep was signed under the
impression that defendant would maintain the house.
5. I submit that the defendant has started building new property over the area of Plot I
and had showed interest in buying the share of plaintiff’s property (Plot II ) as well
which was duly refused by the plaintiff. Thereafter, the Defendant and her husband
kept pressurising me to give up my share of the common property, i.e. Plot No. III.
However, not interested in selling the plaintiff had filed a suit seeking permanent
injunction against the Defendant from encroaching upon his property vide Civil Suit
No. ___/2023 annexed herewith as Document No. 2.
6. I submit that, during the pendency of above mentioned suit the defendant floated Plot
III for sale in market. The defendant has brought in few contractors to show around
Plot III. The construction plan of the defendant had been prepared taking premises of
Plot III into account. This property is of jointly possessed and actions of the defendant
amounts to encroachment upon my lawfully owned property
7. I submit that I have always followed and performed my part of partition deed.
8. That in the circumstances narrated above, I have reason to believe that the Defendant
is taking steps to defeat the partition deed by taking steps to undertake construction
and encroach on the suit schedule property.
9. That if the Defendants encroach on the suit schedule property during the pendency of
the suit vide XX of 2023, the suit will be defeated and irreparable hardship, damage
and loss would be caused to me which cannot be compensated through costs. On the
other hand, I submit that no hardship would be caused to the defendant as there is no
imminent urgency for construction to be taken place and said construction can be
undertaken at later stage. The balance of convenience lies in my favour. I submit that
I have a prima facie case and am likely to succeed in the suit.
10. Wherefore, I humbly pray that this Hon’ble Court be pleased to allow the
accompanying application as prayed for, in the interest of justice and equity.
I, Elsa Varghese, the Plaintiff in the above case, do hereby verify and state that this is
my name and signature and that the statements made at Paragraphs 1 to 11
hereinabove are true and correct to the best of my knowledge, information and belief.
[Signature]
DEPONENT
Bangalore
Date:
Identified by me
Advocate
