Legal Advice

Second application for temporary injunction: legal advice

Shivendra Pratap Singh


High Court Lucknow


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Question asked on: 15 Mar, 2020

Can I file a second application for temporary injunction? My land is situated in the main market and it has value rupees nine crores. Some influential and powerful men are eying on my land and gradually encroaching thereupon. I applied for a temporary injunction which is still pending. Now they are parking their vehicle in my land. So I need to file a subsequent application for preventing these acts.

Yes, you can file the second application for temporary injunction besides that another application is pending. There is no legal bar of filing such application for the preservation of suit property. 

They are now parking vehicles on your land. Gradually they will start to make temporary structure thereupon. Hence, it is in the interest of justice to stop them immediately. 

Conditions for granting temporary injunction

The court will see only these three grounds to admit your application:

  1. Prima-facie case in your favour
  2. Balance of convenience
  3. Irreparable loss due to such interference

If you successfully prove the above-said facts then the court will admit your application and pass a proper order. All those conditions are essential for the temporary injunction and they are present in your case. 

You should file the application under section 151 of the CPC (Code of Civil Procedure). This is the inherent power of the court and you can invoke it in exceptional circumstances.