APPLICATION UNDER ORDER 39 RULE 2 (3) READ WITH SECTION 151 OF CPC FOR SUMMONING/PUNISHING RESPONDENT FOR DISOBEYING ORDER OF INTERIM INJUNCTION PASSED BY THIS LEARNED COURT

IN THE COURT OF wxys, LEARNED CIVIL JUDGE (WEST), XYZ

In the matter of:

Blogger shahid

VERSUS

shahid

SUIT FOR PERMANENT INJUNCTION

APPLICATION UNDER ORDER 39 RULE 2 (3) READ WITH SECTION 151

OF CPC FOR SUMMONING/PUNISHING RESPONDENT FOR

DISOBEYING ORDER OF INTERIM INJUNCTION PASSED

BY THIS LEARNED COURT ON 27-06-2018

Respectfully Submitted that:

1.           The Applicant has instituted a suit (hereinafter refereed the "Suit") against the Respondent, for Permanent Injunction, titled “_____ Versus ________” the Suit is pending before this Honorable Court in which the next date of hearing is 06-09-2018.

2.           That along with the Suit, the Applicant filed an application for interim injunction under Order 39, Rules 1 & 2 read with Sections 151 of CPC and on the said application for interim injunction, this Honorable Court was pleased to grant an injunctive order on 27-06-2018.

3.           The contents of the plaint in the Suit and the application for interim injunction, which are not repeated here for sake of brevity, may kindly be read as part of this application.

4.           That after granting the status quo order of this Honorable Court the applicant send the summon to respondent and respondent were/are well aware that this Honorable Court has issued an order for status quo at the suit property. But the respondent ignoring the status quo order of this Honorable Court, started construction on the suit property illegally and unlawfully. It is important to mention here that construction is still continuing on the suit property and respondent constructed a room at the suit property with the help of 9, 10 laborers. The above said act of respondent is contemptuous and liable to be punished.            

5.           That the applicant requested the respondent and showed him the orders of this Honorable Court, he ridiculed him and also passed derogatory remarks against the court and showed his determination to continue the construction.

6.           The Respondent and has willfully, deliberately and mala fide disobeyed the Injunctive Order of this Honorable Court by doing the above said illegal acts. Therefore, respondent deserve to be summoned and punished accordingly.

Prayer:

In view of the above it is therefore, respectfully prayed that the respondent be summoned and punished accordingly in terms of Rule 2(3) of Order 39 CPC  and construction upon the suit property may very graciously be stopped till final decision of the titled suit.

Any other relief, which this Honorable Court deems fit/proper in the circumstances of the case, may also be granted to the Applicant.

Applicant

Through

XYZ                                                                                      XYZ

Advocate High Court                                                          Advocate High Court

Islamabad                                                                                            Islamabad

IN THE COURT OF__________________, LEARNED CIVIL JUDGE (WEST), ISLAMABAD

In the matter of:

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VERSUS

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SUIT FOR PERMANENT INJUNCTION

APPLICATION UNDER ORDER 39 RULE 2 (3) READ WITH SECTION 151

OF CPC FOR SUMMONING/PUNISHING RESPONDENT FOR

DISOBEYING ORDER OF INTERIM INJUNCTION PASSED

BY THIS LEARNED COURT ON 27-06-2018

AFFIDAVIT

I, ____________, Resident of __________, Tehsil and District Islamabad, do hereby affirm and declare on oath, at Islamabad on this 24^th day of July, 2018 that contents of the accompanying application are true and correct to the best of my knowledge and belief.

DEPONENT

Further affirmed on oath that contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed or withheld therein.

DEPONENT