ORDER REJECTING TEMPORARY INJUNCTION

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ORDER REJECTING TEMPORARY INJUNCTION

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 proceeding with construction over the suit land.

2. Submissions

Plaintiff alleges ownership and illegal construction.

Defendant contends that:

  • Plaintiff has no title.

  • Construction is ongoing since long.

  • Suit is filed belatedly.

3. Legal Principles

Temporary injunction is discretionary and equitable relief.

In
Dalpat Kumar v. Prahlad Singh
the Hon’ble Supreme Court held that mere existence of a prima facie case is not sufficient; the Court must examine balance of convenience and irreparable injury.

Further, injunction cannot be granted where the plaintiff approaches the Court with delay or lacks clean hands.

4. Findings

(A) Prima Facie Case

The plaintiff has not produced any title document to substantiate ownership. The pleadings are vague.

(B) Balance of Convenience

Construction appears substantially completed. Granting injunction would cause greater hardship to the defendant.

(C) Irreparable Injury

Any alleged injury is compensable in monetary terms.

5. Order

The plaintiff has failed to satisfy the triple test required for grant of temporary injunction.

Application Exh.__ is hereby rejected.

No order as to costs.

Pronounced in open Court.

(Civil Judge, SD)

🔎 Key Case Law for Injunction (Exam Essentials)

Principle Case
Triple Test Dalpat Kumar v. Prahlad Singh
Appellate interference limited Wander Ltd. v. Antox India P. Ltd.
Delay defeats equity M. Gurudas v. Rasaranjan

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અહીં Temporary, Permanent અને Mandatory Injunction નું સંપૂર્ણ તુલનાત્મક વર્ણન (Comparison) Exam-Ready રીતે આપવામાં આવે છે: લાગુ કાયદા:Code of Civil Procedure, 1908Specific Relief Act, 1963 ⚖ 1️⃣ Temporary Injunction (तात્કાલિક મનાઈ) 📘 Provision Order 39 Rules 1 & 2 CPC […]

204 thoughts on “ORDER REJECTING TEMPORARY INJUNCTION”

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