How to get injunction on property from court

How to Get Injunction Order from Court

What is an injunction? what are the various kinds of it?

Procedure to apply for injunction in the property

injunction order on property fees

To get an injunction on a property from the court in India, you need to follow a legal process. An injunction is a court order that restrains a person from doing certain acts or requires them to perform certain acts. Here’s a step-by-step guide on how to obtain an injunction on a property:

  1. Consult an Attorney: The first step is to consult with a lawyer who specializes in property law or civil litigation. They will assess your situation and guide you through the legal process.
  2. Grounds for Injunction: You need to establish valid grounds for seeking an injunction. Common grounds for seeking an injunction on a property include trespass, encroachment, illegal construction, or any other act that may cause irreparable harm or damage to the property.
  3. Prepare a Plaint/Petition: Your lawyer will help you draft a plaint (in case of a civil suit) or a petition (in case of an interim application) seeking the injunction. This document should outline the relevant facts, the legal grounds for seeking the injunction, and the relief you are requesting from the court.
  4. Filing the Plaint/Petition: The plaint or petition must be filed in the appropriate civil court having jurisdiction over the property in question. This could be the district court, civil court, or high court, depending on the value and nature of the property dispute.
  5. Application for Interim Injunction: If the matter is urgent, you may also file an application seeking an interim injunction. An interim injunction is a temporary order that the court can grant before the final decision on the main injunction suit.
  6. Notice to the Other Party: The court will issue a notice to the other party (defendant/respondent) and give them an opportunity to respond to your application for an injunction.
  7. Hearing: The court will conduct a hearing where both parties can present their arguments and evidence. Your lawyer will represent you during the hearing and make your case for the injunction.
  8. Burden of Proof: You must prove to the court that you have a valid case for seeking the injunction and that you will suffer irreparable harm if the injunction is not granted.
  9. Court Order: After hearing both sides, the court will make a decision on whether to grant the injunction or not. If the court grants the injunction, it will issue an appropriate order directing the other party to refrain from certain activities concerning the property.
  10. Compliance: If the court grants the injunction, it is essential to ensure compliance with the court’s order. Your lawyer will guide you on the next steps and the necessary actions to be taken to protect your rights.

Please note that the process may vary slightly depending on the specific laws and rules of the state in which the property is located. It’s crucial to work closely with a qualified attorney to navigate the legal complexities and ensure the best possible outcome for your case.