SAMPLE FORMAT OF INTERLOCUTORY APPLICATION
(Under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908, for Temporary Injunction)
IN THE COURT OF THE HON'BLE CIVIL JUDGE/SENIOR CIVIL JUDGE, [Name of District &
State]
Interlocutory Application (IA) No. ____ of 20___
In
Civil Suit No. ____ of 20___
IN THE MATTER OF:
[Name of the Plaintiff/Applicant]
S/o / D/o / W/o ________________,
Aged about __ years,
Resident of ________________________,
(Hereinafter referred to as the "Applicant")
… Applicant/Plaintiff
Versus
[Name of the Defendant/Respondent]
S/o / D/o / W/o ________________,
Aged about __ years,
Resident of ________________________,
(Hereinafter referred to as the "Respondent")
… Respondent/Defendant
INTERLOCUTORY APPLICATION UNDER ORDER XXXIX RULES 1 & 2 OF THE CODE OF
CIVIL PROCEDURE, 1908 FOR GRANT OF TEMPORARY INJUNCTION
MOST RESPECTFULLY SHOWETH:
1. That the Applicant has filed a Civil Suit bearing No. ____ of 20___ before this Hon’ble
Court seeking relief of [mention the relief sought in the main suit, e.g., declaration of
ownership, possession, specific performance, damages, etc.].
2. That the Applicant is the lawful owner/occupant of the property situated at [mention the
property details, if applicable] and has been in peaceful possession thereof.
3. That the Respondent, without any lawful authority, is attempting to interfere with the
Applicant’s possession and is threatening to dispossess the Applicant forcibly.
4. That the cause of action arose on [mention date] when the Respondent attempted to
interfere with the Applicant’s peaceful possession despite having no legal right.
5. That if the Respondent is not restrained by an order of temporary injunction, the Applicant
will suffer irreparable loss, injury, and hardship, which cannot be compensated in
monetary terms.
6. That the balance of convenience is in favor of the Applicant, as he/she is the lawful
owner/possessor of the property, and the Respondent has no prima facie right over the
same.
7. That unless the Respondent is restrained by way of an injunction, the purpose of the main
suit shall be defeated, and the Applicant will suffer irreparable harm.
8. That this Hon’ble Court has the jurisdiction to entertain and adjudicate the present
application.
PRAYER
In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon’ble Court
may be pleased to:
a) Grant a temporary injunction restraining the Respondent from interfering with the possession of
the Applicant over the property situated at [mention property details] till the final disposal of the
suit.
b) Pass any other or further order(s) as this Hon’ble Court may deem fit and proper in the interest
of justice.
And for this act of kindness, the Applicant shall ever pray.
Place: ___________
Date: ___________
(Signature of the Applicant/Advocate)
[Name of the Applicant/Advocate]
LEGAL PROVISIONS INCORPORATED IN THE INTERLOCUTORY APPLICATION
1. Order XXXIX Rule 1 CPC, 1908 – Temporary injunction can be granted in the following cases:
○ To prevent waste, damage, alienation, or dispossession of the property in dispute
○ To restrain the breach of contract or any other injury
2. Order XXXIX Rule 2 CPC, 1908 – Injunction to restrain the defendant from committing any
wrongful act that could cause irreparable harm to the plaintiff.
3. Section 94 CPC, 1908 – Provides for interlocutory applications to prevent injustice and secure
the ends of justice.
4. Section 151 CPC, 1908 – Inherent powers of the court to pass any order necessary for justice.
5. Three Essential Principles for Grant of Injunction:
○ Prima Facie Case – The Applicant must establish a valid legal right that requires
protection.
○ Irreparable Loss or Injury – The damage must be such that monetary compensation is
inadequate.
○ Balance of Convenience – The harm to the Applicant must outweigh any inconvenience
to the Respondent.
EXAMPLE SCENARIO OF INTERLOCUTORY APPLICATION
Case:
● A plaintiff files a suit against a neighbor who is attempting to encroach upon their property.
● The neighbor (defendant) is constructing a wall that will block the plaintiff’s access.
● The plaintiff files an Interlocutory Application under Order XXXIX Rules 1 & 2 CPC
seeking a temporary injunction to stop construction until the final disposal of the suit.
Mode of Relief in the Application:
● Prayer for a temporary injunction restraining further construction
● Direction to the defendant not to interfere with the plaintiff’s property
● Submission of supporting documents such as property records and photographs
