Sometimes the most important thing is to stop something from happening: someone trying to take possession of your property, build on disputed land, sell a property in dispute, or breach an agreement. An injunction is a court order that directs a person to do, or not to do, a particular act.
Types of injunction
- Temporary (interim) injunction: granted while the case is pending, under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure.
- Ex parte ad-interim injunction: in urgent cases, an order can be granted on the first day itself, before the other side is heard (Order XXXIX Rule 3, CPC).
- Permanent injunction: granted in the final judgment, under Sections 37 to 42 of the Specific Relief Act, 1963.
- Status quo orders: directing both sides to keep things as they are until the next date.
What the court looks for
- A prima facie case: a genuine, arguable claim.
- Balance of convenience: more harm would be caused to you by refusing the order than to the other side by granting it.
- Irreparable injury: harm that cannot be fully made good by money later.
Acting quickly matters
Delay can be fatal to an injunction application, because the court may ask why you did not come earlier. If construction has started, a sale is planned, or possession is threatened, move immediately. In commercial disputes, urgent interim relief can be sought without first going through the mandatory pre-institution mediation.
Documents to keep ready
- Title documents, sale deeds, agreements or lease papers
- Photographs or videos of the construction, possession or threat
- Any notices, messages or police complaints already exchanged
How we can help
We prepare the suit and injunction application quickly, seek urgent hearing where needed, and represent you through to final judgment, including contempt proceedings if an order is disobeyed.