Ad Interim Injunction Petition Format
Description
How to fill out Sample Brief - Injunction?
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FAQ
The plaintiff above named submits this application, praying to state as follows : That the plaintiff has filed the present suit for partition. That it is the case of this plaintiff that the suit property being ancestral, it is held by the defendant No. ... That the plaintiff submits that he demanded partition on____, but.
An injunction is a court order delivered in a civil trial or suit. This court order stops the defendant from pursuing a certain activity. This can include constructing a new building, pursuing a business venture, or making transactions that are harmful to the plaintiff.
Interim order usually remains in force for whole of the period of the suit unless varied under Rule 4 or set aside in appeal. Ad interim order operates only till the hearing of the application for injunction.
Kartick Das[1] the Supreme Court ruled that the courts should not grant ex-parte ad-interim relief without the party's consent. Thus, one must notify the opposing party of an interim injunction.
The Apex Court has time & again propounded Triple Test Doctrine for the grant of temporary injunction- existence of Prima Facie Case, Balance of Convenience & Doctrine of Irreparable Injury but more importantly all these tenets must coexist together to enable the Courts to exercise their judicial discretion in favour ...