Question for Injunction:

By Prof. Madhura Bhangle

In__________ (assume the location and address), the passing of Mrs. Evelyn Harper left behind a
contentious estate dispute among her three children – Alan, Charlie, and Jake. The family home
(assume location) was disputed. Mrs Evelyn along with her unmarried elder son Alan used to reside in
this house.

Alan, the eldest son, felt a sense of responsibility toward preserving the family's legacy associated with
the house. However, Charlie and Jake had differing views and were claiming for the house. In response
to the escalating conflict, Alan initiated a partition suit and filed a permanent injunction against his
two brothers on December 10, 2023, with the case number ___________ in____ court.

The family home had gained significance, especially as tourism was increasing due to
________(reason) in the area over the past few months. The situation took an unexpected turn on
January 12, 2024, when the government announced plans for a new airport to be constructed in the
vicinity. This development increased the interest of Charlie and Jake, who saw an opportunity to
capitalize on the property by demolishing the house and constructing a grand hotel.

On January 15, 2024, Charlie and Jake were observed in a meeting with Mr. Luther Hargreeves (assume
facts regarding meeting, any conversation etc.), a renowned builder and investor known for his
involvement in upscaling projects and setting up hotels and resorts. The discussion revolved around a
potential deal to transform the house into a 5-star resort.

Recognizing the urgency of the matter, Alan decided to file a temporary injunction to maintain the
status quo until the legal proceedings could unfold. DRAFT AN TEMPORARY INJUCNTION REFERING
THE BELOW SUIT.
Below is the copy of partition suit and permanent injunction against his two brothers filed
December 10, 2023 which is pending in the court:

IN THE COURT OF __________ AT _____________COURT

CIVIL SUIT NO. __________ OF 2023

IN THE MATTER OF:

Mr. __________________________________ PLAINTIFF

Address_______________________________

VERSUS

Mr.___________________________________ DEFENDANT

Address_______________________________

SUIT FOR PARTITION

MOST RESPECTFULLY SHOWETH:

1. Plaintiff, [Full Name], is an adult individual residing at [Your Address], [City, State, ZIP Code].
2. Defendant 1 , [Charlie's Full Name], is an adult individual residing at [Charlie's Address], [City,
State, ZIP Code].
3. Defendant 2, [Jake's Full Name], is an adult individual residing at [Jake's Address], [City, State,
ZIP Code]. That the Plaintiff and Defendants are co - owners of house No.__________
4. That the ___________ (“Suit Property”) was purchased by the __________ of Plaintiff and
Defendants Late _____________________ who expired on _______________. The suit
property have not been sub divided or partitioned and the defendant is in joint possession of
the same.
5. That the Defendants have illegally and fraudulently retained with them the original papers of
the suit property. The said defendants further denied the existence of the right of just share
of the Plaintiff in the suit property.
6. That the plaintiff is unmarried and was residing at the suit property till _______. However due
to _____ (reason) had to vacate and relocate to ________.
7. That the plaintiff is entitled to 1/3 share in Suit Property.
8. That for last __ year the plaintiff is requesting the defendant for amicable partition of the suit
property, but the defendant is avoiding the same and have no intention in dividing the
9. suit property.
10. That defendant, in fact, is avoiding the partition and therefore, it is in the interest of plaintiff
to get the property partitioned by metes and bounds.
11. That entire family of the plaintiff is suffering in the present situation and there is every
likelihood of illegal acts on behalf of the defendant in order to sell and dispose of the suit
property with a view to defraud and defeat the plaintiff and the plaintiff will be facing
irreparable loss and financial hardship at the hands of the defendants and .
 12. Plaintiff state that pending the hearing and final disposal of this suit the Plaintiff is entitled to
an Order and Injunction restraining Defendants, his heirs, legal representative and or his
agents from disposing or acquiring the Suit property.
13. the plaintiff requested the defendant for the partition of the suit property on _______ but the
Defendant is reluctant to do partition of the Property.
14. That on _______ the Plaintiff has served a legal notice to the Defendant for Partition of the
property, which was not replied by the Defendant.
15. That the cause of action for partition had arisen in favour of the plaintiff and against the
defendant when the plaintiff requested the defendant for the partition of the suit property in
on _______ and when the Plaintiff has served legal notice dated _____ to the Defendant and
the cause of action further survived and is continuing as the defendant has failed to partition
the property till date.

PRAYER

In the facts and circumstances of case mentioned herein above this Hon-ble Court may graciously be
pleased to:

a) Pass a decree of Partition of ___________(family home) in favour of the Plaintiff by directing the
Defendant to handover physical possession of 33% share of the Property and original documents to
the Plaintiff;

b) Pass order to award legal expenses in favour of the Plaintiff and against Defendant;

c) Issue a permanent injunction against Defendants, restraining them from asserting any claim of
exclusive ownership or possession over the family home;

d) Any other relief, which the Hon-ble court deems fit, may please be granted to the plaintiff

in the interest of justice.

PLAINTIFF

THROUGH

______________., Advocate

Place :

Date :