Affidavit In A Civil Revision Petition Seeking Injunction - Legal Draft

Precedent No. 23

AFFIDAVIT: IN A CIVIL REVISION PETITION - SEEKING INJUNCTION

BEFORE THE HON'BLE HIGH COURT OF

Civil Miscellaneous Petition No of 20

In

Civil Revision Petition No of 20

Petitioner:

Vs.

Respondent:

AFFIDAVIT of S/o , aged years,

residing in

The deponent abovenamed, hereby solemnly affirms and declares as

follows:—

1. That the deponent is the Petitioner in the Civil Revision Petition

referred toabove. Being well conversant with the facts and circumstances

of thepresent case, the deponent is fully competent to swear to this

authority.The deponent will be referred to as the petitioner

hereinafter.

1. That the said Revision Petition is filed against the Order dated ,

in O.S. No of on the files of the Principal Sub-Judge,

1. That the said suit was filed by the Petitioner seeking the issuance

of,inter alia, a decree of permanent prohibitory injunction to the

defendantrestraining him from disposing of the suit property to a third

party. An

application, I.A. No , for temporary injunction was also filed

alongwith the suit, with a view to restrain the respondent-defendant

from disposing of the suit property to a third party during the pendency

of the suit.

1. That it is submitted that inspite of repeated request made by

thepetitioner's counsel, the learned sub-Judge did not take up the same

forhearing. Finally, when the petitioner's counsel repeatedly pressed

forhearing the interlocutory application, the respondent's lawyer made

anoral application to decide the question of maintainability of the suit

andjurisdiction as a preliminary question. Accordingly, without hearing

theinjunction application, the learned sub-Judge passed an Order dated

finding the issue of jurisdiction and maintainability against the

petitioner.

1. That it is aggrieved by the abovesaid Order that the said

Revision Petition is filed.

1. That it is further submitted that taking undue advantage of the

aforesaid situation, the respondent has speeded up his negotiations with

prospective buyers to dispose off the suit property.

1. That if the respondent is allowed to carry on with the said

negotiations and eventually give shape to his dishonest and malicious

intention to dispose off the suit property during the pendency of the

suit, the very purpose of the suit will stand defeated and the

petitioner will suffer such irreparable injury as will not be capable of

being remedied by way of damages.

That the grant of the injunction in favour of the petitioner will not,

in any case, adversely affect jeopardize the respondent's lawful rights

during the pendency of Civil Revision. Therefore, the balance of

convenience is in favour of the injunction being granted.

It is, therefore, just and necessary that this Hon'ble Court may be

pleased to pass an Order of ad interim injunction restraining the

respondent from disposing off the suit property to any third party

during the pendency of the suit.

SdJ 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.

SdJ Deponent.

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

personallyknown to me, on this the day of , 20

SdJ

Counsel for the deponent.

Note: Affidavit to be attested by the appropriate authority prescribed

under law. Prayer may be avoided and only facts be stated in affidavit

to the possible extent.