Understanding Temporary Injunction or Stay Order: A Common Person's Guide to Order 39 of Civil Procedure Code

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A temporary injunction is a court order that temporarily stops someone from doing something until the court can fully examine the situation and give final judgment. As the name suggests its temporary in nature and in force only until such period as is specified by the Court in the order. It may also be revoked or modified subject to the change in circumstances.

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You must show the court three things:

1. ??????????????????????????????????????????????:? Show that you have a good chance of winning the main case

2.??????????????????????????????????????????????????????????????????: Prove that you will suffer more harm without the injunction than the other party will suffer with it

3. ???????????????????????????????????????????????: Show that if the injunction isn't granted, you'll suffer damage that money can't compensate

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Imagine you own a small piece of land which is inherited from your father. A builder starts construction on it, claiming he bought it from someone else. You can get a temporary injunction by showing:

- Your ownership/inheritance documents (Prima Facie Case)

- That once construction is complete, demolishing it would be complicated (Balance of Convenience)

- The emotional value of the father's land cannot be compensated with money (Irreparable Loss)

Hence it's a court order that temporarily stops someone from doing something until the court can fully examine the situation.

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1. You need to file a main case (civil suit)

2. Along with it, file an application for temporary injunction

3. Press the application before the Court and explain why immediate action is necessary

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You must show the court three things as discussed above:

1. Prima Facie Case

2. Balance of Convenience

3. Irreparable Loss

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Sometimes, courts grant injunctions without hearing the other party first. This is very rare and happens in extreme circumstances. Example: There is a bulldozer standing outside your house to ramp it down.

A temporary injunction is like a "pause button" in legal matters. It prevents immediate harm while giving the court time to thoroughly examine the case.