In the court of ______
In the Matter of:
____ VERSUS _____
SUIT FOR DECLARATION AND IN THE Consequential
RELIEF OF PERMANENT INJUNCTION
APPLICATION UNDER SECTION ____ FOR STAYING THE SUIT
Sir,
The applicant/defendant most respectfully submits as under: –
1- That the above noted case is pending before this Hon’ble court and fixed for today for notice.
2- That the plaintiff sold the plot/ house comprised in ____, admeasuring ___ total measuring __ Sq. yards to the applicant/defendant vide sale Deed bearing its document No. ____ dated ____ registered in the office of ____. The photocopy of the sale Deed is enclosed herewith.
3- That the applicant/defendant has filed a Suit for Possession in the consequential relief of Permanent injunction titled as “____ VERSUS ____” in the court of ____, Civil Judge, ____ which is now fixed for ____ for consideration. The Hon’ble court has granted stay in favour of the applicant/defendant and against the plaintiff (defendant in that suit) vide order dated ____. The plaintiff has filed the written statement in that suit.
4- That now the plaintiff intentionally and deliberately to misguide this Hon’ble court has filed. The present suit has been filed by the plaintiff against the defendant with due diligence and full knowledge that the defendant has already filed the suit for possession and permanent Injunction against the plaintiff. In previously instituted case the both parties are similar. The plaintiff has filed the present suit on the same subject matter, same suit property, same title, on the same facts, same grounds hence the suit of the plaintiff is not maintainable and is liable to be dismissed with costs under section __ of CPC.
It is, therefore, prayed that the above noted suit which has been filed by plaintiff against applicant/defendant may kindly be stayed and may be dismissed with special costs Under section ____ of CPC in the interest of justice.
Dated Applicant/Defendant
____ S/o ____R/o____
THROUGH COUNSEL
_____ Advocate, _____