A temporary injunction is a provisional remedy granted by a court to maintain the status quo between the parties until the final decision is made in the case. It aims to prevent irreparable harm or injury that cannot be compensated with money. Temporary injunctions are typically granted when the court believes there is a strong case, the balance of convenience is in favor of the applicant, and there’s a possibility of irreparable harm if the injunction is not granted.
The provisions related to temporary injunctions are governed by Order 39 of the Code of Civil Procedure, 1908. A party seeking a temporary injunction must demonstrate:
1. Prima facie case – There must be a legitimate claim or dispute.
2. Balance of convenience – The benefit to the party seeking the injunction outweighs any harm to the other party.
3. Irreparable harm – If the injunction is not granted, the party may suffer harm that cannot be compensated with money.
Temporary injunctions can be issued to:
- Prevent property destruction.
- Stop the continuation of activities that violate rights.
- Preserve the status quo in legal disputes.
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