Draft an application under Order 39, Rule II, for a temporary Injunction supported by an affidavit

 

Draft an application under Order 39, Rule II, for a temporary Injunction supported by an affidavit


IN THE COURT OF THE CIVIL JUDGE (SENIOR DIVISION) AT [CITY, STATE]

Civil Suit No. ___ of 2025

In the matter of:
Mr. A.B.C.
S/o Mr. X.Y.Z.,
R/o House No. 12, Green Park Colony, [City, State]
… Plaintiff / Applicant

Versus

Mr. P.Q.R.
S/o Mr. L.M.N.,
R/o Plot No. 45, Silver Residency, [City, State]
… Defendant / Respondent

 

APPLICATION UNDER ORDER XXXIX, RULES 1 AND 2 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR GRANT OF TEMPORARY INJUNCTION

 

The humble application of the Plaintiff/Applicant above named:

MOST RESPECTFULLY SHOWETH:

  1. That the Plaintiff has filed the above suit against the Defendant for permanent injunction and declaration with respect to the property bearing Plot No. 25, Block C, Green Park Colony, [City], admeasuring 200 square meters (hereinafter referred to as “the suit property”).
  2. That the Plaintiff is the lawful owner and in peaceful possession of the suit property by virtue of a registered sale deed dated 15 March 2018 executed in his favour by the previous owner.
  3. That the Defendant, having no right, title, or interest in the suit property, has been threatening to forcibly occupy the same and to raise unauthorized construction thereon.
  4. That on 10 November 2025, the Defendant, along with some unknown persons, attempted to enter the suit property and threatened the Plaintiff with dire consequences if he resisted.
  5. That the Plaintiff apprehends that the Defendant may again attempt to dispossess him illegally and cause irreparable injury to his rights and possession over the suit property.
  6. That the Plaintiff has a prima facie case in his favour, as he is in lawful possession of the suit property. The balance of convenience also lies in his favour, as he will suffer irreparable loss and injury if the injunction is not granted, whereas the Defendant will suffer no prejudice if restrained from illegal acts.
  7. That this Hon’ble Court has jurisdiction to entertain the present suit and the accompanying application, as the cause of action has arisen within its territorial jurisdiction and the suit property is situated herein.

 

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:

  1. Pass an order of temporary injunction restraining the Defendant, his agents, servants, or any other person acting on his behalf from interfering with the peaceful possession of the Plaintiff over the suit property until the disposal of the main suit;
  2. Pass such other or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

And for this act of kindness, the Plaintiff as in duty bound shall ever pray.

Place: [City]
Date: [Date]

(Signature of Plaintiff / Applicant)
[Name of Plaintiff]

Through Counsel:
[Name of Advocate]
Enrollment No.: _______
Chamber No.: _______
District Court, [City, State]

 

AFFIDAVIT IN SUPPORT OF APPLICATION UNDER ORDER XXXIX RULES 1 AND 2 CPC

I, A.B.C., S/o X.Y.Z., aged about ___ years, resident of House No. 12, Green Park Colony, [City, State], do hereby solemnly affirm and state as under:

  1. That I am the Plaintiff/Applicant in the above-noted case and am fully acquainted with the facts and circumstances of the case.
  2. That the contents of paragraphs 1 to 7 of the accompanying application are true and correct to my personal knowledge and belief.
  3. That I say that unless the Defendant is restrained by an order of temporary injunction, he is likely to cause irreparable loss, damage, and injury to my possession and lawful rights over the suit property.

Verified at [City] on this ___ day of [Month], 2025 that the contents of this affidavit are true and correct to my knowledge and belief and that nothing material has been concealed therefrom.

Deponent
(Signature of Plaintiff/Applicant)

Identified by:
(Signature of Advocate)

 

Legal Notes:

  • Order XXXIX, Rules 1 & 2 CPC empower the Court to grant temporary injunctions in cases where property or rights are at risk of being infringed or harmed.
  • The applicant must establish:
    1. A prima facie case,
    2. Balance of convenience in his favour, and
    3. Likelihood of irreparable injury if relief is denied.

 

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