Interim injunction
Also called: temporary injunction, stay order
A temporary court order that stops a party from doing something, or requires them to do something, until the case is decided, to protect the subject matter of the dispute.
Cases take time. An interim injunction keeps things as they are while the court decides, for example stopping a builder from selling a disputed flat, a co-owner from demolishing a wall, or a former employee from using confidential data.
The law behind it
Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 allow temporary injunctions where property in dispute is in danger of being wasted, damaged or sold, or where the defendant threatens to dispose of property or to cause injury to the plaintiff. Permanent injunctions are governed by the Specific Relief Act, 1963.
The three tests
- A prima facie case: the claim is not frivolous and needs a trial.
- Balance of convenience: refusing the injunction would cause the applicant more harm than granting it would cause the other side.
- Irreparable injury: the harm could not be made good by money later.
Courts can grant an injunction ex parte in urgent cases, but must then record reasons and hear the other side quickly (Order XXXIX Rule 3).
Consequences
Breaking an injunction can lead to attachment of property and civil imprisonment under Order XXXIX Rule 2A. If you expect such an application against you, consider filing a caveat.
Draft an interim injunction application.
Checked against the sources below on 7 November 2026 IST. General information about Indian law, not legal advice for your case.