HOW TO PREPARE AN APPLICATION for grant of injunctive order of the court in CIVIL APPEAL U/o 43 CPC? THE FORMAT OF THE APPLICATION IS GIVEN BELOW.

Application for grant of injunctive order

Purpose of appeal: To seek a restraining order from the appellate court till the final decision of the main appeal.

IN THE COURT OF LEARNED DISTRICT JUDGE,

(Name of District)

In the matter of: -

ABC     Vs        XYZ 

(APPEAL U/O 43 CPC)

APPLICATION FOR INJUNCTIVE ORDER

Respectfully Sheweth:-

1.      That the petitioner has filed the above-captioned appeal U/O 43 CPC, the contents of which may kindly be read as an integral part of this application.

2.      That the petitioner has a good prima facie case and hopes to succeed in it.

3.      That the balance of convenience lies in favor of the petitioner.

4.      That if the injunctive order is not granted regarding the suit property, the petitioner shall suffer an irreparable loss and it will also lead to multiplicity of litigation.

 In view of the above circumstances, it is humbly prayed that the instant application may kindly be accepted and restrain the respondent from interfering into the peaceful possession of the petitioner over the suit property or encroaching and fixing any sign board, or throwing scrape and garbage into the suit property forcibly, illegally, unlawfully and without any lawful reason or justification, in any manner whatsoever, till the final decision of the main appeal. 

Petitioner

Through

(Counsel)

IN THE COURT OF LEARNED DISTRICT JUDGE,

(Name of District)

In the matter of: -

ABC     Vs        XYZ

 (APPEAL U/O 43 CPC)

APPLICATION FOR INJUNCTIVE ORDER

 AFFIDAVIT

I, (Full name and address of the petitioner /appellant), do hereby solemnly affirm and declare that contents of the accompanying petition are true and correct to the best of my knowledge and belief and nothing has been concealed therefrom.

Deponent

Verified on Oath at (name of the city) on this ___day of (name of month), (year), that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed therefrom.

Deponent

Important Note:

1.      Application is must attach with the appeal to seek injunctive order.

2.      An affidavit of appellant /applicant coupled with the application.