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Format of Suit seeking Injunction against illegal construction, public nuisance etc. The Suit can be filed before Competent Judge in Civil Court as per Jurisdiction.

Format of Suit for Injunction to be filed before Civil Judge having Jurisdiction to get Injunction against illegal construction, public nuisance or any other illegal act.

 

A suit for injunction is a very effective and common remedy against any mischief played by a third-party. All the civil courts are 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. In some cases Injunction will not be issued. Circumstances in which injunction will not be issued are:

(i) where damages are the appropriate remedy,

(ii) where an injunction is not the appropriate relief,

(iii) where the plaintiff is not entitled to an injunction on account of his conduct,

(iv) where the contract cannot be specifically enforced,

(v) where the injunction would operate inequitably.

Suit can be filed by any affected party. Format of Suit for Injunction is given below:

 

 

BEFORE THE SENIOR CIVIL JUDGE OR DISTRICT JUDGE AT _________

CIVIL SUIT NO. __________ OF 20__
 

IN THE MATTER OF:

Mr. _________                                                            PLAINTIFF
 

VERSUS


Mr. ____________                                                    DEFENDANT

SUIT FOR INJUNCTION AGAINST NUISANCE


MOST RESPECTFULLY SHOWETH:

1. That the plaintiff is a business man residing at _________________________.

2. That the Plaintiff is the absolute owner and in possession of Flat No. ________ at _____ .

3. That the Defendant is the owner and in possession of Flat No ________ at _____ adjoining Plot No. ______________.

3. That on ______ the Defendant has erected upon his aforesaid plot a cloth washing and colouring unit, which is illegal as per the notification passed by the Municipal Council and and per Environment law. In the said colouring unit the Defendant is engaged in washing clothes using machines, colouring it with the help of machines and use huge quantity of water in the residential area. As a result huge quantity of waste water is being flowing through the front side of the house of Plaintiff. 

4. The Defendant is using the Flat for commercial purpose without seeking permission from any authority.

5. That the Plaintiff has sent several complaints to the public authorities to stop this nuisance and illegal activity, but in vain. Copies of Complaints are annexed herewith as Annexure P1. 

 

6. That on account of the use of Flat by the Defendant for commercial purpose, Plaintiff has been unable to peacefully reside in the house.

7. That cause of action has arose on _________ and continues to exist even at present with use of the Flat for the aforesaid unlawful purpose.

8. That the Valuation of the Suit for the purpose of Court fee and Jurisdiction is Rs. ______________ and Court fee of Rs. ___________ and Court fee of Rs. ______ has been affixed.

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. The Plaintiff accordingly claims that the Defendant be restrained by way of decree of injunction from using the suit Flat as a Commercial Property thereby committing or permitting, any further nuisance.

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 may pass -

a) A decree restraining the Defendant Permanently from operating his Cloth Washing and Coloring unit from Flat No.______ ;

b) Any other relief, which the Hon'ble court deems fit, may please be granted to the plaintiff in the interest of justice.

PLAINTIFF

THROUGH

______________., Advocate

Place :

Date :

VERIFICATION

I, ____________, the above named Plaintiff states on solemn affirmation that contents of Para 1 to __ of the Plaint are true and correct to the best of my knowledge and belief and those of legal averments are true and correct on the basis of legal advice received and believed to be true by me.

Verified at ____ on this ______ day of _____ 20__

PLAINTIFF

 

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