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Temporary Injunction

"Injunction" refers to discretion or control. In legal terms, an injunction is a judicial order which withholds from doing a particular act or thing.

It may be perpetual or temporary. Perpetual is ruled by Specific Relief Act, while temporary injunction is ruled ed by Order 39 of the CPC, 1908.

Temporary or interlocutory injunction is an interim right permitted with the intention to secure the property in suit. As a result, or Order 39, rule 1 the details are following when a temporary or perpetual injunction may be awarded by court namely as under :
  1. Where the property in dispute is in danger of being wasted, is serving no use or damaged and is transferred by any opposite party of the suit, or
  2. Where the opposite party tries to pressurize to demolish or get rid of his property, or
  3. Where the opposite party tries to intimidate plaintiff or in order to cause any harm or injury to him.

Additionally, the court will consider the following points, while permitting order of temporary injunction:
  1. There is prima facie case in approval of the plaintiff, or the applicant,
  2. There would be unrecoverable harm or injury to the plaintiff, or party in search of relief, if the same not allowed,
  3. The stability of convenience must be giving support of allowing injunction,
  4. The plaintiff cannot be moderately paid back by compensating the harm or damages being caused.

Although, the revised interim has proven to be very successful, suitable, and helps to secure the interests of the parties to the suit. Otherwise, it can lead to violation.

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