Trespassing, illegal, and unauthorised use of a property, encroachment, etc., are some of the problems faced by property owners in India. To prevent such things, property owners seek for an injunction order for their properties.
See also: What does encroachment mean in real estate?
What is an injunction order?
An injunction is a legal order that prevents a person from proceeding with unauthorised and illegal activities. An injunction order is revoked with respect to a property when a legal dispute is going on, to protect and maintain status quo of the property.
Implemented according to the civil procedure code, injunctions laws are covered under various relief acts.
Injunction order on properties
An injunction order on a property is a court’s order that forbids certain actions on the property. The injunction order can restrain a party from unauthorised interference at a property, thereby safeguarding its status. With the help of an injunction order, the property right of an applicant is protected.
Type of injunction
Preliminary injunction: This is granted before a trial to maintain status quo in a case. Also known as ad-interim injunction, it protects the applicants’ rights, giving him immediate relief.
Preventive injunction: This forces an individual to not be a party to any illegal activity, that is preventive and prohibitive. Also known as prohibitory injunction, it looks at preventing infringement before it occurs.
Mandatory injunction: This corrects any wrongful act and restores the rightful thing.
Temporary restraining order: This maintains status quo until a decision on the injunction application is taken by a court. This is also revoked to maintain status quo.
Permanent injunction: This is granted when the final judgement is passed.
Contempt of court
If the defendant is found not complying with the ruling of the court and following the provisions of an injunction, he will be punished for the Contempt of Court. The punishment may be a penalty or imprisonment depending on the type of default.
When will the court grant injunction order?
- Applicants filing for injunction have a strong proof that shows the genuineness of the case.
- Applicants have to give proof about problems that they will face if an injunction order is not issued.
- Cite the irreparable harm that an applicant may face in case an injunction order is not granted.
When will the court not grant injunction order?
- When it is unclear that the other person’s action is causing problems for applicant.
- When an applicant’s conduct in a court has disentitled him from any assistance.
- When an applicant is not personally involved or affected.
FAQs
What is the fee associated with an injunction order?
The fees depend on the type of injunction, the jurisdiction of the case and the subject matter.
What are the different types of injunctions?
The various types of injunctions are preliminary, preventive, mandatory, temporary, and permanent.
What are the three requirements for injunction?
(1) If the plaintiff has a proper case
(2) Convenience is on the plaintiff’s side
(3) If the plaintiff will suffer irreparable loss if injunction is denied.
Under which act is injunction covered?
Injunction is covered under the Specific Relief Act.
What is the time limit for temporary, or interim injunction?
The maximum time limit for interim injunction is one year.
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With 16+ years of experience in various sectors, of which more than ten years in real estate, Anuradha Ramamirtham excels in tracking property trends and simplifying housing-related topics such as Rera, housing lottery, etc. Her diverse background includes roles at Times Property, Tech Target India, Indiantelevision.com and ITNation. Anuradha holds a PG Diploma degree in Journalism from KC College and has done BSc (IT) from SIES. In her leisure time, she enjoys singing and travelling.
Email: [email protected]
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