ORDER GRANTING TEMPORARY INJUNCTION
(Under Order XXXIX Rules 1 & 2 CPC)
IN THE COURT OF THE CIVIL JUDGE (S.D.), [PLACE]
Regular Civil Suit No. __ of 20__
[Plaintiff]
Versus
[Defendant]
ORDER BELOW EXH.__ (O.39 R.1 & 2 CPC)
Date: //20__
1. Application
The plaintiff has filed the present application seeking temporary injunction restraining the defendant from transferring or creating third-party rights in the suit property pending the suit.
2. Submissions
Learned advocate for the plaintiff submitted that:
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Plaintiff is in settled possession.
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Defendant is attempting to alienate the property.
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Irreparable injury would be caused.
Learned advocate for the defendant opposed the application.
3. Legal Position
The principles governing grant of temporary injunction are well settled:
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Prima facie case
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Balance of convenience
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Irreparable injury
As held by the Hon’ble Supreme Court in
Dalpat Kumar v. Prahlad Singh
the Court must satisfy itself regarding the existence of these three ingredients.
Similarly, in
Wander Ltd. v. Antox India P. Ltd.
it is held that discretion must be exercised judiciously.
4. Findings
(A) Prima Facie Case
From the documents on record, particularly the registered sale deed dated __, it appears that the plaintiff has established a prima facie right requiring protection.
(B) Balance of Convenience
If injunction is refused and property is transferred, multiplicity of proceedings may arise.
(C) Irreparable Injury
Monetary compensation would not adequately protect the plaintiff’s proprietary rights.
5. Order
Application Exh.__ is hereby allowed.
The defendant is restrained from transferring, alienating, or creating third-party rights in respect of the suit property till final disposal of the suit.
No order as to costs.
Pronounced in open Court.
(Civil Judge, SD)