Home | Legal Advice | Property Law | Second application for temporary injunction: legal advice

Second application for temporary injunction: legal advice

Question: 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.
Question in: Property Law
advocate shivendra

Shivendra Singh


High Court Lucknow

Reading Time:

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. 

Recent Advise

I constructed my house on the written permission of NHAI : How to protect its demolition?

As per Karnataka state government laws building to be constructed 40 metre away from the centre line of national highway’s road. When we approached the NHAI, engineer provided conditional approval about building construction. He took written statements saying that the owner will not receive compensation for demolition of his building if the NHAI would demolish his building during road widening. We started building construction after getting approval from NHAI. Now the Karnataka high court bench has upheld the government’s law about 40 metre. The court has directed the authority to take action. Could you please guide how we can proceed now.

An agreement to sale holder has dispossessed me forcefully

I bought the immovable property through a registered sale deed. Before purchasing the immovable property the seller made an unregistered sale agreement with another one and gave him the possession of the property. But later on the person who made a sale agreement did not act as per sale agreement. So the original owner of the property sent him a notice for cancellation of the sale agreement. After that I purchased the said property through the registered sale deed and I took possession of the said property. Now that unregistered sale agreement holder files a suit under specific performance and forcefully took the possession of said property. Now matter is pending in court so my question is whether I can lodge the FIR against the unregistered sale agreement person for trespass offence?

Kanoonirai established in 2014. It provides a facility to consult a lawyer through online media, telephonic consultation and video conferencing.