What Is a Temporary Injunction and When Can You Get One from a Civil Court

In many civil disputes, there’s a risk that by the time the final judgment is passed, the damage may already be done. For example, a person may try to sell disputed land, demolish property, or create an irreversible situation during the case. In such situations, the law allows a party to seek temporary protection from the court, called a temporary injunction.

A temporary injunction is a powerful remedy that can stop harmful actions before they cause permanent damage.

🔍 What Is a Temporary Injunction?

A temporary injunction is a court order that restrains a party from doing something (or in rare cases, directs them to do something) until the court gives a final decision in the case. It is a preventive relief.

Injunctions are commonly used to:

• Prevent unlawful construction

• Stop sale or transfer of disputed property

• Restrain misuse of intellectual property

• Stop publication or broadcast of defamatory content

• Maintain status quo between parties

This remedy is available under Order 39 of the Code of Civil Procedure (CPC), 1908.

⏳ Duration of a Temporary Injunction

A temporary injunction is not permanent. It:

• Remains in force during the pendency of the case, or

• Until the court modifies or vacates it

A party can later apply to make it permanent through a final judgment.

📝 When Can You Apply for a Temporary Injunction?

You can apply for a temporary injunction at the time of filing the civil suit or any time during the case, if you can show:

1. Prima Facie Case

   You have a valid legal claim and your case is not frivolous.

2. Irreparable Harm

   If the injunction is not granted, you will suffer harm that cannot be compensated in money (e.g., losing ancestral property).

3. Balance of Convenience

   Granting the injunction would cause less harm than denying it.

All three conditions must be satisfied. Courts examine these carefully before granting interim relief.

🧾 Procedure to Obtain a Temporary Injunction

1. File a Civil Suit

   You must have an underlying civil case—an injunction is not given in isolation.

2. Submit an Application (Order 39 Rule 1 & 2 CPC)

   Along with your plaint, you file a separate application explaining why urgent protection is needed.

3. Support with Affidavit and Evidence

   Your application must be backed by:

   
   

   • An affidavit stating the facts

   • Documents such as sale deeds, photos, notices

   • A detailed explanation of urgency

   
   

4. Notice to Opposite Party (Unless Ex Parte Relief Is Needed)

   Generally, the opposite party is given a chance to respond. However, in very urgent situations, the court may pass an ex parte injunction (without hearing them) and ask them to appear later.

5. Hearing and Court Order

   The court examines both sides and passes an order to either:

   
   

   • Grant the injunction

   • Dismiss the application

   • Modify or place conditions (like a bond or undertaking)

   
   

⚖️ Types of Situations Where Injunctions Are Commonly Granted

• Disputes over property possession or illegal construction

• Eviction attempts without following due process

• Use of registered brand names or trademarks by others

• Harassment or threats in family disputes

• Blocking of access roads or public pathways

• Stopping of essential services (like water/electricity) by unauthorized parties

❗ When Will a Court Deny an Injunction?

A court may refuse an injunction if:

• The person applying has come with unclean hands (hidden facts, misleading information)

• The action sought to be restrained has already been completed

• The applicant has delayed too much in approaching the court

• There is no legal right or basis for the suit

📉 What Happens If the Injunction Is Violated?

Disobeying an injunction order is serious contempt of court. The violator can be:

• Fined

• Imprisoned

• Subject to attachment (seizure) of property

The injured party can also seek police help through court directions to enforce the injunction.

📋 Precautions Before Seeking an Injunction

• Make sure you have solid documents and proof

• Act promptly; delay weakens your case

• Be clear about what you want the court to restrain

• Do not approach the court with false urgency or incomplete facts

👨‍⚖️ Why Choose Barowalia & Associates

Barowalia & Associates regularly helps clients across Himachal Pradesh obtain temporary injunctions to protect their rights. Whether it’s a property dispute in Shimla, a family conflict in Solan, or an intellectual property matter, the firm ensures:

• ✅ Strategic advice backed by legal precedents

• ✅ Timely drafting and filing of injunction applications

• ✅ Aggressive but ethical courtroom representation

• ✅ Quick coordination with court officials and police when needed

• ✅ Step-by-step guidance from the start to final enforcement

Barowalia & Associates understands the importance of acting fast to prevent damage before it happens—and has the skill and experience to get it done right.