Temporary Injunction Court Order Format
1.
Parties along with counsels
present.
2.
Through this order an
application, filed by the petitioner/plaintiff for grant of temporary
injunction is going to be disposed off.
3.
The said application was
resisted by the respondents/defendants through replication.
4.
Arguments already heard and
record gone through.
5.
It is argued by learned Counsel
for the petitioner/plaintiff, Mr. name Advocate that ownership of
the defendant is challenged through instant suit of pre-emption and the
plaintiff claims his right of pre-emption being names in the suit property hence, prima facie, he has strong case and
balance of convenience also tilts towards him. He further argued that if
respondents/defendants are allowed to alienate the suit property, interfere in
it or change/destroy the nature of it, the plaintiff will suffer an irreparable
loss Hence, prayed for acceptance of this application.
6.
On the other hand, the learned counsel for the
respondent/defendant, Mr. ______ Advocate, argued that the application is
wrong, illegal, against law and facts. He stated that status quo cannot be
granted in suit for pre-emption hence prayed for dismissal of the same.
7.
Perusal of record shows that the plaintiff instant
suit seeks for possession through preemption in respect of a house (description
of which is fully mention in the head node of the plaint). The assertions made
by the plaintiff require pro and contra evidence however it is settled law that in order to make out a
prima facie case, plaintiff need not to establish his title, it is enough if he
can show that he has fair question to raise as to existence of right which he
alleged and can satisfy Court that the property in dispute should be preserved
in its present actual condition until such question is disposed of.
8.
Therefore, keeping in view
the above discussion, the application in hand is accepted. The defendant is
restrained from raising construction over suit property or further alienating
it to the statutory period of six (6) months or till disposal of the present
suit whichever comes earlier. This order is however, tentative in nature and
will not affect the merits of the case at the time of final decision.
9. File to come up for framing of issues and list of witnesses on ___________.
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