Short Notes on Temporary Injunction – Injunction refers to restraint. Legally speaking, an injunction is a judicial order to refrain from doing or to do a particular act or thing.
It may be perpetual or temporary. Perpetual injunction is governed by Specific Relief Act, while temporary injunction is regulated by Order 39 of the Code of Civil Procedure, 1908.
Temporary or interlocutory injunction is a provisional remedy granted in order to protect the property in suit. By virtue or Order 39, rule 1 there are following instances, when the court may grant a temporary or perpetual injunction viz.:
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(a) where the property in dispute is in danger of being wasted, damaged or alienated by any opposite party of the suit, or
(b) Where the opposite party threatens to destroy or dispose of his property, or
(c) Where the opposite par*” threatens to dispossess the plaintiff or otherwise cause injury to him.
Further, the court will take into account the following considerations, while granting order of temporary injunction:—
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(i) There is prima facie case in favour of the plaintiff, or the applicant,
(ii) There would be irreparable injury to the plaintiff, or party seeking relief, if the same is not granted,
(iii) The balance of convenience must be in favour of granting injunction,
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(iv) The plaintiff cannot be adequately compensated by way of damages.
Thus, we see that though the remedy is provisional but very effective, relevant and protects the interests of the parties to the suit, which can otherwise be violated.
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