Sir/ Ma'am,
I think the ideal would be a temporary injunction as you have to temporarily stop the party from doing such an act,i.e construction. temporary Injunction is such as are to continue until a specified time, or until the further order of the court, and they may be granted at any stage of a suit. Right now, since there is a dispute, you have to first solve it and till then the court may grant a temporary injunction.
- The court will also examine the conduct of the applicant and such conduct needs to be examined even at the stage where the application for setting aside an order under Order XXXIX Rule 4 of the Code of Civil Procedure, 1908 is filed.
- The court has to examine the balance of convenience i.e. the balance of comparative loss caused to the applicant and the respondent in the case of not passing the order.
- The court will first of all will examine what is the extent of loss that would be caused to the applicant if the order is not passed and also whether it is reparable by monetary compensation i.e. by payment of cost. Then it will examine the loss suffered by the respondent if the order is passed and thereupon it has to see which loss will be greater and irreparable. The party who would suffer greater loss would be said to be having a balance of convenience in his favor and accordingly, the court will pass or refuse to pass the order.
- The court has the power also to ask the party to deposit security for compensation or to give an undertaking for the payment of the compensation if ordered.
I hope, I've answered your question. Thank you.
