In India, an injunction order on property is a legal remedy to prevent a person from engaging in certain actions or activities concerning a specific property. It is a critical tool used by courts to protect property owners' rights and prevent unauthorised use or disposal of their assets. This article will examine the concept of injunction orders on property in India, their importance, and the procedure for obtaining one.
Understanding Property Injunction Orders
• An injunction is a judicial order prohibiting a person or entity from taking certain actions or behaving in a certain way.
• An injunction order in the context of property prohibits someone from trespassing on the property, erecting unauthorised structures, or selling, transferring, or encumbering the property without proper authorisation.
• Depending on the nature of the case and the evidence presented, these orders can be temporary (interim injunction) or permanent (permanent injunction).
Different Types of Property Injunction Orders
a) Compulsory Injunction:
• When the court orders a party to perform a specific act or duty, the court issues a mandatory injunction.
• It may be used in the context of property to compel someone to remove unauthorised structures or to restore the property to its original condition.
b) Restraining (Prohibitory) Order:
• A restraining order prohibits one party from engaging in certain activities or actions.
• This injunction is commonly used in property cases to prevent someone from interfering with the property's possession or illegally alienating it.
Grounds for Obtaining a Property Injunction Order
• Ownership Dispute: If there is a dispute over property ownership, an injunction can be sought to prevent any party from creating third-party rights or transferring the property while the dispute is pending.
• Trespassing: Injunctions are frequently sought to prevent trespassers or unauthorised occupants from encroaching on or illegally using the property.
• Nuisance: If a property owner is experiencing nuisances such as pollution, noise, or interference from neighbouring properties, they may seek an injunction to stop such disturbances.
• Unauthorised Construction: Property owners can seek injunctions to prevent unauthorised construction or alteration on their property.
The Procedure for Obtaining a Property Injunction Order
a) Lawsuit Filing:
• Typically, the process begins with the aggrieved party filing a civil lawsuit in the appropriate court.
• The plaintiff must clearly state why they are seeking an injunction and provide sufficient evidence to support their claim.
b) Interim Relief Application:
• If the court believes the plaintiff's case is prima facie strong and there is a risk of irreparable harm if immediate action is not taken, an interim injunction may be granted.
