Injunction injunction is a very effective and common remedy against any mischief played by a third-party. The Court which handles the Suit is empowered to issue injunctions. An injunction may be issued for and against individuals, public bodies or even State. Civil suit is an effective legal remedy by any person against the other seeking a Leif of restraint under the facts when the person approaching the court is aggrieved by any mischief of the other person. The Injunction may be temporary or permanent as per Specific Relief Act. Format of Application for Injunction is given below:
BEFORE THE SENIOR CIVIL JUDGE OR DISTRICT JUDGE AT _________
CIVIL SUIT NO. __________ OF 20__
IN THE MATTER OF:
Mr. ____________ DEFENDANT/ RESPONDENT
MOST RESPECTFULLY SHOWETH:
The Plaintiff / Applicant, above named, respectfully submits as under:
1. That the Plaintiff has filed the above titled suit against the Defendant / Respondent for decree of Specific Performance of Agreement to Sell dated _____ and Memorandum of Understanding dated ___ and same is pending before this Hon'ble Court.
2. That by aforesaid agreement to sell, the Defendant / Respondent agreed to sell and transfer to the Plaintiff the Suit Property, fully described in the Plaint. Copy of the said agreement and Memorandum of Understanding has been annexed to the Suit.
3. That the Plaintiff paid to the Defendant a sum of Rs ______ by Cheque No____ dated by way of earnest money. Balance of Rs.______ was to be paid at the time of execution and Registration of Sale Deed.
4. The at the time of Execution of the said agreement, the Defendant put the Plaintiff in possession of the said property.
5. That the Sale Deed was to be executed and got registered on ________. But on the given date the Plaintiff visited the office of the Sub-Registrar in connection with execution and registration of sale deed. The Plaintiff took along the balance sale consideration of Rs. _____. The Plaintiff kept on waiting for the Defendant, but the Defendant did not visit the office of the Sub-Registrar in connection with execution of the Sale Deed. The Plaintiff got his appearance marked at the office of Sub-Registrar by filing an application.
6. That thereafter the Plaintiff served a legal notice on the Defendant through his Advocate on______ through Registered post, but no reply has been received so far from the Defendant. All the attempts on the part of Plaintiff to persuade the Defendant to complete the transaction in terms of the said agreement have failed.
7. That the Plaintiff has always been ready and willing to perform his part of the contract.
8. That the Plaintiff has a prime facie case in his favour and balance of convenience also lies in his favour.
9. That the suit property is situated within the Jurisdiction of this Hon'ble Court. Having regard to the cause of action, narrated above, this Hon'ble Court has the Jurisdiction to entertain any try this Suit.
10. That the Plaintiff has come to know that the Defendant is trying to dispose of the Suit Property and for this purpose, some persons have contacted him through a property dealer. In case, Defendant not restrained from disposing of or creating third party interest in respect of the Suit property during pendency of the Suit, Plaintiff shall suffer irreparable injury and loss which cannot be compensated in terms of money. Any such transaction would also lead to multiply of proceedings.
10. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to:
P R A Y E R
That the Plaintiff, therefore, pray that this Hon'ble Court -
a) to Grant ad-interim relief of Injunction in favour of the Plaintiff and against the Defendant restraining him and/ or his servants, agents or nominees from selling, disposing of, assigning or in any way transferring the suit property to any person, during the pendency of the aforesaid suit;.
b) to grant any other relief, which the Hon'ble court deems fit, may please be granted to the plaintiff in the interest of justice.
I, ____________, the above named Plaintiff / Applicant, do solemnly declare that whatever has been stated in Para 1 to __ of the Application are true and correct to the best of my knowledge and whatsoever has been stated in Para No___ to Para No___ is stated on the information received by me and I believe the same is true.
Verified at ____ on this ______ day of _____ 20__
Section 138 of Negotiable Instruments Act
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