IN THE COURT OF JOINT DISTRICT JUDGE, GAZIPUR
Title Suit No. 206/2010
Shakur Mahamud……………...Plaintiff
Versus
Selina kther………….…Defendant-Petitioner
Written objection against the application of temporary injunction and ad interim injunction.
The defendant-opposite party most respectfully-
SHEWETH:
1. That there is no cause of action for filing the application of temporary injunction and ad interim injunction against the defendant-opposite party.
2. That all the statements as stated in the application of temporary injunction and ad interim injunction and also stated in the affidavit are false and baseless.
3. That the plaintiff has no prima facie and arguable case and for that reason the plaintiff is not entitled to get an order of temporary injunction and ad interim injunction.
4. That the balance of convenience and inconvenience being against the plaintiff so, the application of temporary injunction and ad interim injunction is not allowable.
5. That the plaintiff will not suffer irreparable loss if the injunction prayed for is not granted.
6. That the plaintiff has no right, title and interest in the suit land and all the allegations of possession and dispossession as stated by the plaintiff in his aforesaid application are entirely untrue. Neither the defendant nor his barghadar dispossessed the plaintiff from the disputed land.
7. That the facts on behalf of this defendant-opposite party are as follows:
a) That Mr. Abdul Awal was the S.A recorded no. 5463 tenant of 63 decimals area of land of dag no. 152. Mr. Abdul Awal alienated 33 decimals of land of dag no.152 to the defendant by a deed of exchange dated 16 December, 1991 bearing no. 8245. The defendant was also inducetd into the possession of 33 decimals of land of dag no. 152.
b) That the defendant mutated the said 33 decimals of land in his own name and also paid rent to the Govt. in respect of the land in dispute.
c) That the defendant has been possession of the suit land for more than 12 years through his barghadar and the suit land has been recorded in the name of the defendant in the recent field record.
d) That the plaintiff has no right, title and interest over the suit land but filed this suit as well as filed the application of temporary injunction and ad interim injunction against the defendant-opposite party on false, frivolous and vexatious ground just to harass the defendant-opposite party.
Wherefore, it is prayed that your honour would be pleased to reject the application of temporary injunction and ad interim injunction with explanatory cost against the plaintiff.
Verification
Verified at Dhaka this [day] of [month], [year] that the contents of para 1-7 are true to the best of my knowledge & belief.
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Signature