What a court looks for before granting an injunction, and when to apply.
An injunction is an order of the court that stops a person from doing something, such as building on disputed land, or requires them to do something. In property disputes, a temporary injunction can preserve the position while the suit is decided.
The three tests
Under Order XXXIX of the Code of Civil Procedure, courts generally consider whether the applicant shows:
- A prima facie case: a case that deserves a trial
- That the balance of convenience is in their favour
- That they would suffer irreparable harm without the injunction
When to apply
An application for a temporary injunction is usually filed along with the suit. In urgent cases, the court may grant an interim order before hearing the other side, and then hear both parties.
Documents that help
- Title deeds and sale documents
- Khata and tax receipts
- Survey sketches and photographs
- Correspondence and any police complaints
This article is general information, not legal advice. Every matter depends on its facts.