R.KARPOORASUNDARAM (ASSISTANT PROFESSOR) 24 June 2017

Injunction order

We have a dispute over a property and a case was filed. The lower court granted interim injunction in favour of the opposite. We moved to a higher court which cancelled the interim injunction. But the lower court again issued a permanent injunction in favour of them. Whether it is legally valid? Your kind advice and guidance needed.

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Arjun Kohli 24 June 2017

Yes, the order of the lower court is valid. Interim injunctions are temporary orders made by the Court to prevent any serious injury to the aggrieved party while it fully determines the rights of the parties involved by pronouncing a final decision in the dispute, after deciding the case completely.

Earlier you had appealed against the Interim Injunction and the same was set aside, which was completely lawful. Again, the issuing of a Permanent Injunction by the trial court was also lawful. However, it your right to challenge the same in an Appellate Court by moving an Appeal against the said order.