Overview
In most civil fights the first battle is not who wins — it's stopping the other side from changing the facts while the case runs: selling the disputed property, demolishing, constructing, encashing a bank guarantee, using your trade name, or blocking your only access road. Temporary injunctions under Order 39 freeze the position, sometimes on the first day ex-parte where delay would defeat the purpose. The three tests — a prima facie case, balance of convenience, and irreparable harm — decide these applications, and they are won on affidavit quality and speed. Disobedience is punishable with attachment and detention.
Key Provisions — Specific Relief Act + CPC, 1963 / 1908
- Order 39 Rules 1–2 CPC — temporary injunctions against alienation, dispossession, construction, and breach during the suit.
- Ex-parte injunctions issue where notice itself would enable the harm; the other side is heard immediately after.
- Permanent injunctions (SRA Sections 38–42) at decree; mandatory injunctions compel positive acts (restore, demolish, hand over).
- Breach of an injunction invites attachment of property and civil detention under Order 39 Rule 2A.
What You Can Get
How We Handle It
Urgency Assessment
What irreversible thing happens this week — that's the application's spine.
Suit + O39 Application
Filed together, with affidavits engineered for the three tests.
Ex-parte / First Hearing
Interim protection sought on day one where the facts justify it.
Confirmation & Policing
The injunction defended at the contested stage — and enforced on breach.
Frequently Asked Questions
The other side is registering the sale next week — is there time?
Yes, if you move now. Urgent injunction applications are heard out of turn, and even a court notice landing before the sub-registrar's appointment changes behaviour.
They violated the injunction anyway — what happens to them?
Order 39 Rule 2A: attachment of their property and up to three months' civil detention — plus the violating transaction being treated as subject to the suit. Courts take breach personally.
Legal Connect connects you with independent civil advocates; we are not a law firm and this page is general information, not legal advice. Limitation clocks run in most civil matters — call +91 22 6555 3444 early.