Procedure of filing temporary injunction on property

1. the first step is to file a plaint and vakalatnama wherein the parties to the suit authorize
advocate to represent them before the Hon’ble court.
2. filing of plaint with the chief ministerial officer at filing counter alongwith court fees and
process fees(i.e. for different types of document, a person has to pay different amount of court
fees)
Under section 16 of the CPC
Suits to be instituted where subject matter situate:- Subject to the pecuniary and other limitations
prescribed by any law, suits-
(a) for the recovery of immovable property with or without rent or profits.
(b) for the partition of immovable property.
(c) for the foreclosure, sale or redemption in the case of a mortgage of or charge upon
immovable property.
(d) for the determination of any other right to or interest in immovable property.
(e) for compensation for wrong to immovable property.
(f) for the recovery of immovable property actually under distraint or attachment.1
3. the suit to be filed under order 39 rule 1 of CPC which states that,
Cases in which temporary injunction may be granted:
Where in any suit it is proved by affidavit or otherwise
(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by
any party to the suit, or wrongfully sold in execution of a decree, or
(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to
[defrauding] his creditors,
(c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the
plaintiff in relation to any properly in dispute in the suit,
the Court may be order grant a temporary injunction to restrain such act, or make such other
order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal
or dispossession of the property [or dispossession of the plaintiff, or otherwise causing injury to

1
Bare act CPC, 1908
the plaintiff in relation to any property in dispute in the suit] as the Court thinks fit, until tile
disposal of the suit or until further orders.2
JURISDICTION
Section 9 confers power to courts to try civil suit which includes property dispute. Depending on
the value of the property claimed the suit will either come under city civil courts or district
courts.
The City civil courts original pecuniary jurisdiction for suit property of up to 1 crore.
FEES

Plaint or Written Statement, pleading a set off or Counter Claim, or Memorandum of Appeal
presented to any Court.
When the amount of Value of subject matter in dispute:
CIVIL SUIT VALUE FEE PAYABLE (%)
Upto 15000 4%
Above 15,000 - upto 50,000 8%
Above 50,000 to 10 Lakhs 10%
Above 10 lakhs and upto 1 8%
crore
Above 1 crore 1%

2
Code of Civil Procedure, 1908, Schedule 1