Table of contents

1. Frequently asked questions

2. Sample draft

Frequently asked questions:

  1. What is a Suit for Permanent Injunction?
     A Suit for Permanent Injunction is a legal remedy where the plaintiff seeks a court order to permanently restrain the defendant from performing a certain act that violates the plaintiff’s legal rights, such as illegal encroachment, interference with property, or any unlawful action.
  2. When can a Permanent Injunction be granted?
     A court may grant a Permanent Injunction when:
    • The plaintiff has a clear legal right over the subject matter.

    • There is an ongoing or imminent threat of unlawful action by the defendant.

    • The plaintiff is likely to suffer irreparable harm that cannot be compensated with monetary damages.

    • There is no alternative legal remedy available to the plaintiff.

  3. What is the difference between a Temporary and a Permanent Injunction?
    • Temporary Injunction: Granted for a limited period during the pendency of the case to maintain the status quo.

    • Permanent Injunction: Granted after a full trial, permanently restraining the defendant from interfering with the plaintiff’s rights.

  4. What documents are required to file a Suit for Permanent Injunction?
     The essential documents include:
    • Title documents proving ownership or possession (e.g., sale deed, lease deed, revenue records).

    • Site plan or property map showing the disputed area.

    • Correspondence or notices sent to the defendant.

    • Municipal or police complaints, if any.

    • Affidavit of the plaintiff supporting the claims made in the suit.

  5. What is the jurisdiction of a Suit for Permanent Injunction?
     A Suit for Permanent Injunction is filed before the Civil Court having jurisdiction over the area where the disputed property or subject matter is located.
  6. Can a Permanent Injunction be modified or vacated?
     Yes, a Permanent Injunction can be modified or vacated by the court if:
    • The circumstances have changed significantly.

    • The plaintiff and defendant settle the dispute mutually.

    • The defendant proves that the injunction was wrongly granted based on incorrect facts or law.

  7. What happens if the defendant violates the Permanent Injunction order?
     If the defendant disobeys the court’s order, the plaintiff can file a Contempt of Court petition against the defendant, and the court may impose penalties, fines, or even imprisonment in severe cases.
  8. How long does it take to get a Permanent Injunction order?
     The duration varies depending on the complexity of the case, court workload, and legal proceedings. If an urgent interim relief is required, the plaintiff can also seek a Temporary Injunction at the initial stage.
  9. Can a Suit for Permanent Injunction be filed without property ownership?
     Yes, a person in lawful possession of the property, such as a tenant or lessee, can file a Suit for Permanent Injunction to protect their possession from unlawful interference.
  10. What is the court fee for filing a Suit for Permanent Injunction?
     The court fee depends on the pecuniary jurisdiction and value of the property or subject matter in dispute. It is usually nominal if the relief sought is injunctive and does not involve monetary compensation.
  11. Can a Permanent Injunction be granted in cases other than property disputes?
     Yes, a Permanent Injunction can be sought in various situations, including:
    • Intellectual property rights violations (copyright, trademark infringement).

    • Preventing breach of contract.

    • Stopping defamation or publication of false information.

    • Environmental protection cases.

Sample draft

IN THE COURT OF THE CIVIL JUDGE, [CITY]
CIVIL SUIT NO. [XXXX] OF 2025

IN THE MATTER OF:

RAHUL SHARMA,
Son of Late Mohan Sharma,
Resident of 45, Green Park, [City], [State].

… PLAINTIFF

VERSUS

VIKAS VERMA,
Son of Ramesh Verma,
Resident of 12, Blue Residency, [City], [State].

… DEFENDANT

SUIT FOR PERMANENT INJUNCTION

THE HUMBLE PLAINT OF THE PLAINTIFF ABOVE-NAMED MOST RESPECTFULLY SHOWETH:

  1. That the plaintiff is the absolute owner and is in peaceful possession of the immovable property bearing Plot No. 45, Green Park, [City], [State], admeasuring 250 square yards, which is duly registered in his name and is valued at ₹75,00,000/- (Rupees Seventy-Five Lakhs Only).

  2. That the defendant is the owner of the adjacent property situated at Plot No. 12, Blue Residency, [City], [State].

  3. That on 5th February 2025, the defendant, without any lawful authority or justification, attempted to encroach upon a portion of the plaintiff’s property by unlawfully extending his boundary wall beyond the demarcated limits, thereby violating the plaintiff’s proprietary rights.

  4. That despite repeated verbal and written requests made by the plaintiff, the defendant has continued his illegal activities and has threatened to forcibly take possession of a portion of the plaintiff’s property, thereby causing grave hardship and inconvenience to the plaintiff.

  5. That the plaintiff lodged a formal complaint with the local municipal authorities on 7th February 2025, and a notice was issued to the defendant; however, the defendant has willfully ignored the said notice and continues his unauthorized construction.

  6. That the defendant's actions are unlawful, arbitrary, and prejudicial to the rights and interests of the plaintiff, and if not restrained, the plaintiff will suffer irreparable loss and injury which cannot be compensated in monetary terms.

  7. That the plaintiff has a clear and legitimate cause of action which arose on 5th February 2025, when the defendant initiated the unlawful encroachment, and the said cause of action is continuing in nature.

  8. That this Hon’ble Court has the territorial and pecuniary jurisdiction to entertain and adjudicate upon the present suit, as the suit property is situated within its jurisdiction.

PRAYER:

In view of the facts and circumstances stated hereinabove, it is most humbly prayed that this Hon’ble Court may be pleased to:

  1. a) Pass a decree of permanent injunction restraining the defendant, his agents, representatives, or any other person acting on his behalf from encroaching upon or interfering in any manner with the peaceful possession and ownership rights of the plaintiff in respect of the suit property;

  2. b) Grant such other and further relief(s) as this Hon’ble Court may deem just and proper in the interest of justice.

Plaintiff

Through

Advocate

Place:

Date:

VERIFICATION

I, Rahul Sharma, son of Late Mohan Sharma, the plaintiff above-named, do hereby verify that the contents of paragraphs 1 to 8 of the present plaint are true and correct to the best of my knowledge and belief. No part of this plaint is false, and nothing material has been concealed therefrom.

Plaintiff

[NOTE : This plaint has to be supported by an affidavit]