Temporary Injunction Petition Without Possession
Description
How to fill out Sample Brief - Injunction?
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FAQ
Temporary injunction is not to be granted when the order would be in fructuous as the act sought to be restrained has already been done. No injunction is to be passed when the suit is prima facie barred by limitation as in such case the plaintiff cannot have a. prima facie case.
First: a TRO has a time limit, which is 14 days. After 14 days the TRO may be extended by a judge only once for an additional 14 days. Thus at most this TRO may only last 28 days' absent agreement to an additional extension.
To be entitled to a temporary injunction, the applicant must plead a cause of action and show a probable right to recover on that cause of action and a probable, imminent, and irreparable injury in the interim. ?Imminent? means that the injury is relatively certain to occur rather than being remote and speculative.
The Karnataka High Court has said that if the trial court has not given clear finding in regards the possession of a suit property, it is better for the appellate court to grant an order of temporary injunction, if it was in operation till disposal of the suit before the trial court.
Temporary injunctions are 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, and are regulated by the Provisions under Order IX of Code of Civil Procedure, 1908.