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Temporary Injunction (Order XXXIX Rules 1 & 2 CPC)

Civil Procedure & Litigation Mechanics

Definition

An interim equitable order passed during the pendency of a suit to restrain a defendant from wasting, damaging, alienating, or selling the suit property, or from committing a breach of contract or injury.

Example

A plaintiff files a suit for declaration of title in Thane and secures an ad-interim temporary injunction under Order XXXIX Rules 1 & 2 CPC restraining the defendant builder from creating third-party rights or selling flats in the disputed project.