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Suit For Temporary Injunction - Final

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Suit for Temporary Injunction

In the Court of the learned Joint District Judge, First Court, Narshingdi
Title Suit No. 1 of 2016

Shamima Afroze
Daughter of. . . . . .
Village. . . . . . . . .
Post office. . . . . .
Police Station. .
District. . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . Plaintiff

Versus

1. Zahid Hasan

Son of . . . . . . . . . . . .

Village . . . . . . . . . . .

2. Ariful Islam Arif

Son of . . . . . . . . . . . .

Village . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . Defendants

In the matter of

An application under Order 39 Rule 1 and


section 151 of the Code of Civil Procedure, 1908
for temporary injunction.

The plaintiff most respectfully:

SHEWETH:

1. That the suit land described in the schedule below belongs to the C.S.
recorded tenant Md. Ali Ahmed, Ali Ahmed got the suit land by virtue of final
decree passed in Partition Suit No. 24 of 1974. The plaintiff purchased the suit
land from Ahmed Ali by the registered sale deed dated 01.01.2006. The
plaintiff has mutated the suit land in her name and has been enjoying and
possessing the same exclusively, specifically and regularly paying rents. The
defendants threatened the plaintiff to dispossess her from the suit land for
which she has instituted this suit before this learned Court.

2. That for institution of this suit against the defendants, they became
more furious and aggressive. On 14.05.2016, at about 8.30 AM the defendants
along with 15 unknown persons armed with Lathi and other deadly weapons
came to the suit land and tried to cut the paddy. The plaintiff along with her
villagers resisted the defendants and their hired Mastans. Then, the defendants
along with their companions were compelled to leave the suit land. At the time
of leaving, they expressed that they will come again with more armed persons
and will disposes the plaintiff from the suit land.

3. That the plaintiff has good prima facie, arguable case and exclusive
possession in the suit land. She genuinely apprehends that the defendants may
at any time dispossess her from the suit land.

4. That unless the defendants are restrained by an order of temporary


injunction, she will be seriously prejudiced and will suffer irreparable loss and
injury.

Wherefore it is most humbly prayed that


the learned Court will be pleaded to allow
this application and restrain the
defendants by an order of temporary
injunction from creating disturbance in
the peaceful possession of the plaintiff in
the suit land.

And for this act of kindness, the plaintiff shall ever pray.

Schedule of the land

District: Narshingdi, Police Station: Narshingdi, Mouza: Bramondi, J.L. No.


26, C.S. Khatian No. 44, S.A. Khatian No. 25, B.S. Khatian No. 36

Plot Number Nature of the land Area

317 Agricultural land .33 acres out of .66 to the


eastern part of the plot
marked by red ink

Affidavit:

I, Shamima Afroze, daughter of. . . . . , of Village: Bramondi, Police Station


and District: Narshingdi, National ID Number: 01711234567891011, by faith
Muslim, by profession Teacher, by nationality Bangladeshi, to do hereby
solemnly affirm and state as follows:

I. That I am the plaintiff of the suit and the applicant of this application,
well acquainted about the facts and circumstances of the case and as much I
am competent to swear this affidavit.

II. That the statements made in application for temporary injunction are
true to my knowledge and belief.

Shamima Afroze
17.05.2016
Deponent

Drafted by Nasrin Akter


Advocate, Supreme Court of Bangladesh

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