Application for temporary injunction (O39 R1-2)
A stay order till the suit is decided.
Opens Dastavo with this paper ready to fill, on this computer or in the app. No account needed.
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Not yet reviewed by a lawyer. Check every line before it is signed.
How the paper begins
With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.
IN THE COURT OF Civil Judge (Junior Division), Amarnagar
Civil Suit No. 412 of 2025
Versus
APPLICATION UNDER ORDER XXXIX RULES 1 AND 2 READ WITH SECTION 151 CPC FOR TEMPORARY INJUNCTION
Respectfully Showeth:
1.That the applicant has filed the above suit, and the contents of the plaint may be read as part of this application.
2.That the wall stands entirely within the applicant's plot, as shown by the sale deed and the site plan.
3.That unless the respondent is restrained from demolishing or raising any construction on the boundary wall of House No. 45, Gulab Colony, the applicant will suffer irreparable loss, as a demolished wall cannot be restored as it was.
4.That the balance of convenience is in the applicant's favour, and the applicant will comply with Order XXXIX Rule 3A where an ad-interim order is made.
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- Proof of your title or possession: the sale deed, jamabandi (fard), mutation and khasra girdawari, or the rent deed
- A site plan marking the part in dispute, and dated photographs of what the other side is doing
- Copies of police complaints, DDR entries or earlier orders about the property
- The plaint it goes with, and the supporting affidavit
- Your identity proof, and a vakalatnama in favour of your advocate, signed by you
Where to go
Filed through an advocate with the suit, in the same civil court; for an urgent ad-interim order the court may hear you the same day, and it then sends notice to the other side.
Fee
Court fee and welfare stamps, where needed, are put on as the court office directs; ask the counter for today's amounts. The advocate's fee is separate.
Good to know
- The court looks for a prima facie case, irreparable harm and the balance of convenience; dated proof of possession matters most.
- If an order is passed without notice, copies of the application, plaint and papers must reach the other side at once (Order XXXIX Rule 3); your advocate sends them.
- If the other side disobeys the order, tell your advocate at once: the court can act under Order XXXIX Rule 2A.
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
Court fee and welfare stamps, where needed, are affixed as the court office directs.