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Home / Legal / How to get injunction order from court?
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How to get injunction order from court?

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6 2021-10-06T17:08:18+00:00
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Injunction is a court order which restricts the continuance of a wrongful act or order which has already begun. The court order if violated may attract penal charges and be considered contempt of court. There are majorly 2 types of injunction. I will talk about them and let you know how to get injunction order from court in this answer.

What are the types of injunction order?

Before divulging into details about how to get injunction order, I will tell you the types of injunction orders. Here is the quick list:

  • Temporary restraining order

  • Permanent injunction

How to get injunction order from court?

To get an injunction order from the court, you will have to file an application through a civil lawyer in the court or tribunal where your case will be heard. You will have to give details on why you are seeking an injunction and the type of injunction you are seeking.

There are various cases under which temporary injunction can be granted. These are:

  1. If the property in dispute is in danger of being wasted, damaged or alienated by any parties involved in the, or is wrongfully sold in execution of a decree

  2. If the defendant threatens, or intends, to remove or dispose of the property with a view to defrauding his creditors

  3. If the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute to prevent the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, etc.

I would suggest you to get legal expertise on the same and get

injunction order from court.

If you want to know how to get injunction order from court in India, you must read this answer. To get an injunction order from the court, you will have to file an application through a civil lawyer in the court or tribunal where your case will be heard

. You will have to give details on why you are seeking an injunction and the type of injunction you are seeking. 

There are various cases under which temporary injunction can be granted. These are:

  1. If the property in dispute is in danger of being wasted, damaged or alienated by any parties involved in the, or is wrongfully sold in execution of a decree.

  2. If the defendant threatens, or intends, to remove or dispose of the property with a view to defrauding his creditors.

  3. If the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute to prevent the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, etc.

Moreover, if the issue involves land, you can obtain an injunction order from the SDM (Revenue Court) or your local civil court. This is all about how to apply for injunction order to get it easily.

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What is an Injunction Order on Property in India?

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I have checked out the write ups on injunction order on property written by Ms Apurva and Mr Nimish and their answers were so helpful. I am studying law and I even wanted to know about the meaning of an injunction order for land. So, as rightly pointed out by them an injunction order is an order given by court that states that a person should perform or refrain from performing a specific act. To get the correct suggestion you can get in touch with the expert lawyers at NoBroker Quarels related to land can create a lot of complexity between family members as well as third parties. That’s why an injunction order is given by the court to resolve a complicated issue. It can be or cannot be related to land. Generally, permanent injunction is obtained in cases such as domestic violence or divorce. How to file an injunction? To receive an injunction order in India, you need to file an application through a civic lawyer before the appropriate court or tribunal where your case has been heard. Ms. Apurva has correctly mentioned the circumstances where the injunction is granted. You can refer to her answer to know when injunction is granted. I am highly indebted to Ms Apurva and Mr Nimish about the points they have mentioned regarding injunction order on property. Please check their articles. Read more: What is an Injunction Order on Property in India?
1 2022-07-13T10:56:53+00:00

Before letting you know

how to apply injunction order from court, let me shed some light on what is an injunction. 

  • An injunction is a remedy granted by the court that prohibits the commission of a wrongful threat or the continuance of a wrongful course of action already begun. 

  • If a party fails to comply with an injunction granted by a court, then the party could face criminal or civil penalties or contempt of court.

Get your legal concerns addressed by experts. Use NoBroker Legal Services now There are two types of injunctions enforceable in India. They are: 
  • Temporary Injunction:
      • A temporary injunction is issued by the court for a limited time, or till the final order of the court. 

      • It is passed any time during a case before the court announces its final decision when immediate relief is required for the victim.

  • Perpetual Injunction: 
    • A perpetual injunction is a permanent injunction in India issued by the court to restrain a person permanently. 

    • When a perpetual injunction is passed, a person is prohibited from doing certain acts indefinitely. 

    • It is passed through a final decree of the court.

This is to let you make an informed decision on

how to take injunction order from court and which one.

  How to get an injunction order from the court?

The process on

how to file injunction order from court is quite simple. 

  • You will have to file an application through a civil lawyer in the court or tribunal where your case will be heard. 

  • You will have to give details on why you are seeking an injunction and the type of injunction you are seeking.

  When is it granted?
  • If the property in dispute is in danger of being wasted, damaged or alienated by any parties involved in.

  • If the property is wrongfully sold in execution of a decree.

  • If the defendant threatens, or intends, to remove or dispose of the property with a view to defrauding his creditors

  • If the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute to prevent the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, etc.

I hope your concerns are answered about

how to obtain injunction order now. 

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