What is an interim injunction in property disputes?

An interim injunction is a temporary court order issued during the pendency of a property dispute to prevent one party from taking a specific action such as selling, transferring, or altering the property until the case is fully resolved. It is designed to preserve the status quo and prevent irreparable harm to the party seeking protection.

When Courts Grant Interim Injunctions

• There is a strong prima facie case in favour of the applicant
• The applicant would suffer irreparable harm without the injunction
• The balance of convenience favours granting the injunction
• Immediate action by the opposing party could render the final outcome meaningless

Common Property Scenarios

• Preventing sale or transfer of a disputed property during litigation
• Restraining construction or alteration on disputed land
• Preventing dispossession of a party in a possession dispute
• Blocking further development in joint development agreement disputes

Legal Process for Obtaining an Injunction

The applicant files an application under Order 39 of the Civil Procedure Code, typically alongside the main suit, and the court may grant an ex-parte (immediate) interim injunction in urgent cases, subject to confirmation after hearing the opposing party.

An interim injunction serves as a crucial protective tool in property disputes, preventing irreversible actions while the underlying case is being decided. Acting quickly to seek this relief is often essential to prevent loss of rights during prolonged litigation.