What Exactly Is An Injunction Order On Property?
An order of injunction is sought to stop someone from taking illegal possession of property. Some of the issues experienced by property owners in India include encroachment, unlawful and unauthorized use of their property, and trespassing. Property owners request an injunction order for their premises in order to stop such acts.
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What is an injunction order?
A court ruling known as an injunction stops someone from carrying out unapproved or unlawful actions. When there is a legal dispute involving a property, the injunction order is revoked in order to preserve and safeguard the property’s status quo.
Laws pertaining to injunctions are governed by a number of relief acts and are enforced in compliance with the civil process code.
Injunction order for properties
A court’s order that prohibits specific actions on property is known as an injunction order. An injunction order can protect a property’s status by preventing someone from interfering without permission. A property right of an applicant is safeguarded with the use of an injunction order.
Type of Injunction
Preliminary injunction: A preliminary injunction is issued to preserve the status quo in a matter prior to a trial. Known also as an ad-interim injunction, it grants the applicant instant relief while safeguarding his rights.
Mandatory injunction: This righteously rectifies any wrongdoing and reinstates what is rightful.
Temporary restraining order: This preserves the status quo while a judge considers the request for an injunction. To preserve the status quo, this is also revoked.
Permanent injunction: When the final verdict is rendered, a permanent injunction is granted.
Contempt of court
The defendant will be punished for contempt of court if it is discovered that he has disregarded the court’s decision and an injunction’s terms. Depending on the kind of default, the penalty or imprisonment could be the outcome.
When will the court grant the injunction order?
- The applicants who are submitting the injunction have substantial evidence supporting their case.
- Applicants must provide evidence of the difficulties they may experience in the absence of an injunction order.
- Mention the potential irreversible harm an applicant would experience if the request for an injunction is denied.
When will an injunction order not be granted by the court?
- When it’s not apparent that the applicant is having issues as a result of the other person’s actions.
- If an applicant is no longer eligible for help due to his actions in court.
- If a candidate is not directly affected or involved.
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