Affidavit In An Appeal Seeking Temporary Injunction - Legal Draft

Precedent No. 35

AFFIDAVIT: IN AN APPEAL - SEEKING TEMPORARY INJUNCTION

BEFORE THE HON'BLE DISTRICT COURT,

I.A. No of 20

In

C.M.A. No of 20

Petitioner/Appellant:

Vs.

Respondent:

AFFIDAVIT of , S/o , aged

years, now residing in

1. The deponent abovenamed hereby solemnly affirms and states as

follows:—

1. That the deponent is the petitioner in the Application and the

appellant in the appeal referred to above. The deponent is well

conversant with the facts and circumstances of the present case and

stands competent to swear to this affidavit.

1. That the said appeal is preferred against the order dismissing

an application for temporary injunction restraining the respondent from

letting out waste water from her property into the property of the

deponent until the suit is finally disposed of.

1. That the respondent is a neighbour of the property of the

deponent where the deponent's factory is situated. She does not have any

right to create difficulties or cause nuisance to the deponent or his

employees and workmen. There is a clear-cut boundary delineating and

separating the deponent's factory compound and the compound of the

residence of the respondent. She has got ample space to create sewage

facilities to send out the waste water in her property to the public

canal maintained by the

Municipality. It is induced by the malice and with a view to create

difficulties and causing nuisance to the deponent that she has stopped

the flow of waste water into the canal and facilitated the flow of waste

water into the property of the deponent causing considerable damage to

the latter.

1. That it may also be mentioned that the respondent was willing to

purchase the property which is presently owned by the deponent from its

previous owner and ever since the deponent purchased the said property

and set-up the factory, the respondent started attempting one way or the

other to cause obstruction in the proper running of the deponent's

factory.

1. That the deponent made requests to the respondent repeatedly to

put an end to her nefarious and mischievous activities. However, all the

requests of the deponent have fallen on deaf ears and the respondent

continues to carry on the aforesaid activities till date.

1. That it was with the abovementioned grievance that the deponent

found

himself forced to file a suit, O.S. No on , against the

respondent before the Hon'ble Subordinate Judge's Court,

1. That the said Hon'ble Court, however, passed an order dated ,

disallowing the grant of permanent prohibitory

injunction against the respondent herein.9. That it is aggrieved by the

aforesaid order that the deponent preferred theappeal referred to above

on

1. That it is respectfully submitted that the facts disclosed in

the appeal and in the affidavit and the documents produced by the

deponent will show that he has a prima facie case.

1. If the injunction sought is granted in favour of the deponent,

the respondent will suffer no harm whatsoever as she can conveniently

let out the waste water into the public canal as she was doing earlier.

On the other hand, if the injunction sought is not granted in favour of

the deponent, he is bound to suffer irrepairable loss and injury

incapable of being adequately remedied by damages, considering the fact

that the waste water let out by the respondent will flood the compound

of the deponent's factory and will not only hamper the activities

carried on in the deponent's factory but also pose a grave health hazard

to the deponent and the workers in his factory.

1. In view of the aforementioned circumstances, it is just and

necessary that this Hon'ble Court may be pleased to pass an ex parte

order of temporary injunction restraining the respondent herein or her

employees, servants, agents or representatives from letting out the

waste from her property into the property of the deponent until the suit

is finally disposed of.

Sd./ Deponent.

Verification

Verified at on this the day of , 20...., that the contents of

the above affidavit are true and correct to the best of my knowledge,

belief and information and nothing material has been concealed

therefrom.

Sd./ Deponent.

Solemnly affirmed and signed before me by the deponent, who is

personallyknown to me, on this the day of , 20

Sd./

Counsel for the deponent.

Note: Affidavit to be attested by the appropriate authority prescribed

under law. Prayer may be deleted from affidavit as facts normally are

give therein.