Advocate Mohammad Kamran
- 10+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Injunction Lawyer in Lucknow
Court orders restraining a party from doing something — or requiring something to be undone — while a dispute is decided.
Civil Litigation
What this covers
An injunction is asked for when waiting for the case to be decided would defeat its purpose: construction is going up on disputed land, a property is about to be transferred, or a party is acting against an agreement in a way that cannot easily be reversed. Because the relief is urgent, these applications are usually decided on the papers filed in the first hearings, which puts a premium on what you can produce immediately.
Courts approach a temporary injunction by asking three questions together: whether there is a prima facie case, where the balance of convenience lies, and whether refusing the order would cause injury that damages could not repair. An application that addresses only the first of those is incomplete, and is often refused for that reason alone.
Who this may assist
Who this service may assist
If your situation is not listed, it does not mean it cannot be dealt with. It means it should be discussed.
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An owner facing interference
Someone is building on, entering or dealing with property you claim, and the position needs to be held.
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A party to an agreement facing a breach
The other side is about to act in a way the contract does not permit.
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A person served with an injunction application
An order has been obtained or is being sought against you and has to be answered, including on the footing that material facts were not disclosed.
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A party facing an ex parte order
An order was passed without hearing you, and an application to vacate or vary it has to be moved.
Scope
Typical matters handled
- Applications for temporary injunction under the Code of Civil Procedure, 1908
- Ex parte ad interim orders in genuinely urgent cases, and applications to vacate such orders
- Suits for permanent injunction under the Specific Relief Act, 1963
- Applications for status quo where the immediate concern is that the position should not change
- Mandatory injunctions, where what is sought is that something already done be undone
- Appeals against orders granting or refusing injunctions, where an appeal lies
Process
How the work generally proceeds
The sequence varies with the facts and the forum. This is the usual shape of it.
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Step 01
Assessing urgency honestly
Whether the facts really call for interim relief. An application made without urgency invites the observation that there was none.
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Step 02
Assembling immediate proof
Title or agreement documents, photographs, site records and correspondence — whatever establishes the position as it stands today.
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Step 03
Framing the three grounds
The application is drafted to address the prima facie case, the balance of convenience and irreparable injury, each on the facts rather than by assertion.
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Step 04
Filing with the suit
An injunction application is generally moved with the substantive suit, since the court must have the main case before it.
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Step 05
Hearing and compliance
The application is argued, and if an order is passed its terms are complied with strictly, including any undertaking or security the court requires.
Preparation
Documents commonly required
Bringing what you have makes the first discussion considerably more useful. Missing items can be obtained later.
- Title deeds, agreement or other document showing the right claimed
- Photographs or video showing the present position on site, with dates
- Any municipal, revenue or authority record relevant to the property or activity
- Correspondence showing that the other side was called upon to stop and did not
- Police complaint or application, where one has been made
- Copy of any order already passed, and of the application filed against you
Cautions
Common risks and mistakes
- DelayAn applicant who waits months before complaining of urgency is asking the court to accept two inconsistent positions.
- Not disclosing material factsAn ex parte order obtained without full disclosure can be vacated, and the non-disclosure itself counts against the party who obtained it.
- Asking for more than the case supportsAn overbroad prayer can result in the whole application being refused rather than trimmed.
- Breaching an order that is in forceAn order stands until it is varied or set aside. Acting against it while an appeal is contemplated is a serious step with its own consequences.
- Treating an interim order as a decision on titleIt is not. It holds the position; the rights are decided at the end of the suit.
See also
Related services
Reading
Related Guides
General information notes on this area. They are not legal advice.
The practice
Advocates
Each advocate of the firm is enrolled with the Bar Council of Uttar Pradesh and holds a Certificate of Practice.
Advocate Hamid Razzaq
- 15+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Advocate Mohd. Mateen
- 20+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Questions
Frequently asked questions
Sometimes, where the urgency is real and evident from the papers. Courts pass ex parte ad interim orders sparingly and are required to record reasons for proceeding without notice. It cannot be assumed, and no one should plan on the footing that it is certain.
Until the court varies it, vacates it or disposes of the suit, unless the order itself fixes a shorter period. It is not permanent, and the other side is entitled to apply to have it removed.
An application can be moved to vacate or vary it, and it is normally heard on notice. Bring the order, the plaint and application filed against you, and anything showing facts that were not placed before the court.
They are used loosely in conversation but are not identical. A stay usually suspends a proceeding or the effect of an order; an injunction restrains a party from acting. Which is appropriate depends on what you are trying to prevent.
Where the firm works
Lucknow and Uttar Pradesh Coverage
The firm's office is in Lucknow. Matters arising in other districts of Uttar Pradesh are conducted from Lucknow before the court, tribunal or authority that has jurisdiction over them. There is no branch office elsewhere. Which forum will hear a particular matter depends on its subject, its value and where the cause of action arose, and is confirmed before anything is filed.
This page is general information about an area of practice. It is not legal advice, and it is not an advertisement or a solicitation of work. Reading it creates no advocate–client relationship.
Procedures, limitation periods, court fees, stamp duty and government charges change, and what applies depends on the facts of the particular matter. Nothing here should be acted on without advice on your own documents, and no outcome is promised or predicted.
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