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Petition to grant interim mandatory injunction

IN THE COURT OF THE CITY CIVIL JUDGE, NEW DELHI
I.A. No. 23/2025 in O.S. No. 1024/2024

Arjun Kumar

…Petitioner/Defendant

Vs.

Neha Sharma

…Respondent/Plaintiff

Petition filed on behalf of the petitioner/plaintiff under Or. 39 R. 1  and 151 of CPC.

The petitioner respectfully submits as follows:

For the reasons stated in the accompanying affidavit, the petitioner prays that this Hon’ble Court may be pleased to grant an interim mandatory injunction directing the respondent/defendant to remove the hay-rick illegally placed in the joint Nadava, shown as points ABCD in the plaint plan, and pass such other orders as this Hon’ble Court deems fit and proper in the circumstances of the case and in the interest of justice.

Place: New Delhi
Date: 12/06/2025

Advocate for Petitioner

IN THE COURT OF THE CITY CIVIL JUDGE, NEW DELHI
I.A. No. 23/2025 in O.S. No. 1024/2024

Arjun Kumar

…Petitioner/Defendant

Vs.

Neha Sharma

…Respondent/Plaintiff

Affidavit

I, Arjun Kumar, S/o Ramesh Kumar, Hindu, aged about 38 years, Occupation: Private Contractor, R/o Plot No. 50, Block-C, New Krishna Nagar, New Delhi-110051, do hereby solemnly affirm and state on oath as follows:

  1. I am the plaintiff in the above suit and the petitioner herein. I am well acquainted with the facts of the case and competent to depose to this affidavit.
  2. I have filed the above suit for permanent mandatory injunction seeking removal of the obstruction created by the defendant/respondent in the joint Nadava, which is the only access to the main road from my residence. The facts stated in the plaint may be read as part and parcel of this affidavit.
  3. I submit that the defendant, Neha Sharma, has unauthorisedly placed a large hay-rick in the middle of the Nadava, which runs from point ABCD in the site plan annexed to the plaint. This Nadava is used jointly by both parties and is my only accessible pathway to reach the main road for myself, my family members, and my cattle.
  4. The obstruction is intentional and without any legal right. Despite repeated requests, the defendant refused to remove it. I am now left with no alternative route, and my movement is completely blocked. My family is suffering, especially my elderly parents and school-going children.
  5. I submit that I have a prima facie case, the balance of convenience is in my favour, and if the obstruction is not removed by interim mandatory injunction, I will suffer irreparable loss. I am also filing third-party affidavits from neighbours to demonstrate my bona fides and the hardship caused.
  6. I therefore pray that this Hon’ble Court may be pleased to grant an interim mandatory injunction directing the respondent/defendant to remove the hay-rick from the joint Nadava (ABCD) as shown in the site plan, pending final disposal of the suit.

Deponent
(Signed: Arjun Kumar)

Solemnly affirmed and the contents of this affidavit were read over and explained to the deponent in Telugu. The deponent admitted them to be true and correct and affixed his signature before me on this the 12th day of June, 2025 at New Delhi.

Place: New Delhi
Date: 12/06/2025

Advocate