A property dispute can quickly turn into a costly, drawn‑out battle. When a party needs immediate protection of their property rights, the courts can issue an injunction order on property – a powerful legal remedy that can restrain a party, compel a certain action, or maintain the status quo until the case is finally decided.
This article explains everything a plaintiff, landlord, or property owner must know: the meaning and types of injunctions, the step‑by‑step legal process, the court fee and cost of filing, how to obtain an injunction, how to oppose or counter one, and the consequences of contempt of court. It also provides a downloadable injunction order on property sample, a quick cost calculator for India, and a short version in Telugu.
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An injunction order on property is a court‑issued legal remedy that either restrains a party from acting (prohibitory) or compels them to act (mandatory) to protect property rights. It can be temporary (ad‑interim, preliminary) or permanent (perpetual). The applicant must show irreparable harm, a balance of convenience, and that the order will maintain the status quo. Filing costs vary by state and the value of the relief sought; typical fees range from ₹2,000 to ₹25,000.
What Is an Injunction Order on Property?
An injunction is a court order that directs a party to do or not do something. When the subject matter is real‑estate, the order is called an injunction order on property. It is a preventive measure – a safeguard that stops an alleged infringement before it causes irreparable harm to the plaintiff’s interest in the land or building.
The order can be:
- Restraining – a restraining order that stops the defendant from entering, constructing, or altering the property.
- Compelling – a mandatory injunction that forces the defendant to perform a certain action, such as removing an illegal structure.
The order remains in force until the court decides the final merits of the case, or it may become a permanent injunction if the court is satisfied that the plaintiff’s claim is valid.
Meaning and Types of Injunctions
Type of Injunction – Overview
The Code of Civil Procedure (CPC), 1908 recognises three broad types of injunction:
| Type | When It Is Used | Typical Property Context |
|---|---|---|
| Temporary injunction (ad‑interim, preliminary injunction) | To preserve the status quo while the suit is pending. | Stopping demolition of a building until ownership is decided. |
| Permanent injunction (perpetual, mandatory or prohibitory) | After a full trial, to give specific relief. | Ordering a neighbour to remove an encroaching wall. |
| Mandatory injunction | Compels the defendant to perform a specific act. | Directing a developer to hand over possession of a flat. |
| Prohibitory injunction | Bars the defendant from doing something. | Preventing unauthorised use of a commercial plot. |
Temporary vs Permanent
- Temporary injunction – often called an ad‑interim injunction; it is short‑term, usually lasting until the final judgment. The court may grant it ex‑parte (without hearing the other side) if the plaintiff shows a real risk of irreparable harm.
- Permanent injunction – issued after a full trial; it is final and binding unless set aside on appeal.
Mandatory vs Prohibitory
- Mandatory injunction – compels the defendant to perform a certain action (e.g., restore a property to its original condition).
- Prohibitory injunction – restrains the defendant from doing something (e.g., building a fence that encroaches on the plaintiff’s land).
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Legal Process for Obtaining an Injunction Order on Property
Step‑by‑Step Procedure to Obtain an Injunction
| Step | Action | Key Points |
|---|---|---|
| 1. Prepare the petition | Draft a civil suit under Section 94 of the CPC, stating the relief sought (temporary or permanent). Include a prayer for an injunction order on property. | Attach title documents, maps, and any evidence of irreparable harm. |
| 2. File the petition | Submit the petition at the appropriate court of jurisdiction (usually the district court for immovable property). | Pay the court fee (see Section 7 of the CPC). |
| 3. Affidavit & supporting documents | File an affidavit sworn by the plaintiff describing the dispute, the property rights, and why an injunction is necessary. | Include title deed, sale agreement, encumbrance certificate, and photographs. |
| 4. Interim hearing | The court may grant an ad‑interim injunction on an ex‑parte basis. The court may also set a date for the next hearing. | The order will restrain the defendant from altering the property until the next hearing. |
| 5. Service of notice | The court issues a notice to the defendant (the landlord and tenant if both are involved). | The defendant can file a written opposition. |
| 6. Final hearing | Both parties present evidence. The court decides whether to grant a permanent injunction or dismiss the petition. | The court examines balance of convenience, irreparable injury, and merits of the case. |
| 7. Execution | If the injunction is permanent, the court may issue a decree for enforcement. | Non‑compliance leads to contempt of court and possible imprisonment. |
Court Fee & Cost Considerations
The court fee for an injunction depends on the value of the relief and the state. Below is a 2025 snapshot for major Indian states (fees are payable on stamp paper or electronically):
| State | Fee for Temporary Injunction | Fee for Permanent Injunction |
|---|---|---|
| Maharashtra | ₹2,000 – ₹5,000 | 0.5 % of the property value (minimum ₹10,000) |
| Karnataka | ₹1,500 – ₹4,000 | 0.25 % of the property value (minimum ₹7,500) |
| Tamil Nadu | ₹2,500 – ₹6,000 | 0.4 % of the property value (minimum ₹9,000) |
| Delhi | ₹1,000 – ₹3,000 | 0.3 % of the property value (minimum ₹8,000) |
| West Bengal | ₹1,800 – ₹4,500 | 0.35 % of the property value (minimum ₹8,500) |
Total cost also includes advocate fees, process server charges, and document preparation. In most cases, the injunction order on property in India cost ranges from ₹5,000 to ₹25,000 for a temporary order, and ₹15,000 to ₹50,000 for a permanent order, plus attorney fees.
Sample Petition (Download)
A ready‑to‑use injunction order on property sample is available for free download from our resource hub:
🔗 [Download Injunction Petition (PDF) – English & Telugu](https://dhruv-iconic.com/post-sitemap.xml)
The template includes sections for plaintiff details, property description, grounds for injunction, and a prayer clause.
Types of Injunction Orders Explained
Temporary Injunction (Ad‑Interim / Preliminary)
- Purpose: Preserve the status quo until the court can hear the full case.
- Duration: Usually until the next hearing or for a fixed period (e.g., 30 days).
- Standard of Proof: The plaintiff must show prima facie case, irreparable harm, and that the balance of convenience lies in his favour.
Permanent Injunction (Perpetual)
- Purpose: Provide final relief after a full trial.
- Effect: The order becomes binding on the parties forever, unless set aside on appeal.
- Typical Use: Ordering removal of an illegal structure, preventing further encroachment, or compelling the transfer of possession.
Mandatory vs Prohibitory
| Injunction | What It Does | Example in Property |
|---|---|---|
| Mandatory | Compels a party to perform a specific act. | Court orders a developer to hand over possession of a flat. |
| Prohibitory | Restrains a party from doing something. | Court restrains a neighbour from constructing a wall that encroaches on the plaintiff’s land. |
Grounds for Granting an Injunction on Property
Irreparable Harm & Balance of Convenience
The court will only grant an injunction if the plaintiff can prove that without it, they will suffer irreparable injury that cannot be compensated by money. The balance of convenience test weighs the hardship on both parties.
- Irreparable harm – loss of possession, destruction of a structure, or loss of a unique right (e.g., a water source).
- Balance of convenience – if the plaintiff’s loss outweighs the defendant’s inconvenience, the court is more likely to grant.
Maintaining the Status Quo
A core principle is to maintain the status quo until the dispute is finally resolved. This prevents the defendant from altering the premise or encroaching further.
Specific Relief
An injunction is a form of specific relief under the Specific Relief Act, 1963. It is used when monetary compensation is inadequate.
Enforcing and Violating an Injunction Order
Consequences of Contempt of Court
If a party violates an injunction order, the court may hold them in contempt of court. Penalties include:
- Fines ranging from ₹10,000 to ₹1 lakh.
- Imprisonment up to six months (or until compliance).
- Attachment of property to enforce the order.
How to Oppose or Counter an Injunction
A defendant can oppose an injunction by filing a written opposition and supporting it with evidence that:
- No irreparable harm will occur.
- The balance of convenience favours the defendant.
- The plaintiff’s claim is weak or unsubstantiated.
A common strategy is to file a counter‑claim for damages or to show that the plaintiff is using the injunction to harass.
Counter‑Injunction (Defence)
In some cases, the defendant may seek a counter‑injunction to restrain the plaintiff from taking certain actions (e.g., filing a false suit).
Special Topics
Injunction Order on Property in Telugu
For litigants in Andhra Pradesh and Telangana, the court forms and prayer clauses can be prepared in Telugu. The essential elements remain the same, but the language changes. A Telugu‑language sample is included in the downloadable template.
Injunction Order on Property – Cost Calculator (India)
Use the following simple formula to estimate the court fee:
Court Fee = (Value of Relief × State‑Specific Rate) + Fixed MinimumExample: For a permanent injunction on a property worth ₹2 crore in Maharashtra (rate = 0.5 %):
Fee = 2,00,00,000 × 0.005 = ₹10,000 (minimum ₹10,000 applies)Add advocate fees (₹5,000‑₹20,000) and process fees (≈₹1,000) for a total of ₹16,000‑₹31,000.
Sample Case: Fake Documents
A recent judgment (2024) highlighted a plaintiff who obtained an injunction order on property by providing fake title documents. The court later revoked the order, held the plaintiff in contempt, and awarded damages to the defendant. This case underscores the importance of truthful evidence when seeking an injunction.
Frequently Asked Questions (FAQ)
What is an injunction order on property?
It is a court‑issued order that either restrains a party from acting on a property or compels them to perform a specific act, protecting the plaintiff’s property rights.
What is the validity period of an injunction order?
A temporary injunction lasts until the court’s next hearing or a specified date. A permanent injunction remains in force indefinitely unless set aside on appeal.
How much does it cost to obtain an injunction order in India?
The court fee varies by state and the value of the relief. Typical costs range from ₹5,000–₹25,000 for a temporary order and ₹15,000–₹50,000 for a permanent order, plus attorney fees.
What documents are required to file for an injunction?
- Title deed or lease agreement
- Affidavit of the plaintiff
- Maps or site plans
- Evidence of irreparable harm (photos, expert reports)
- Court‑fee receipt and stamp paper (if applicable)
On what legal grounds can an injunction be granted?
- Irreparable injury to the plaintiff
- Balance of convenience favouring the plaintiff
- Need to maintain the status quo
- The plaintiff’s case is prima facie strong under the Specific Relief Act.
How long does it take to get an injunction order?
A temporary injunction can be granted ex‑parte within a few days. A permanent injunction may take 3–6 months depending on the court’s docket.
What are the consequences of violating an injunction order?
Violations constitute contempt of court, attracting fines, possible imprisonment, and enforcement actions such as attachment of assets.
Can an injunction be challenged or revoked?
Yes. The affected party can file an appeal or a review petition showing that the order was mis‑granted or that circumstances have changed.
What are the disadvantages of seeking an injunction?
- Costly litigation and court fees
- Potential contempt liability if the order is later found to be wrongful
- May delay the final resolution of the underlying dispute.
What happens if an injunction is granted without notice to the opposing party?
The court may later set aside the order if the plaintiff fails to show urgent necessity. The defendant can file an opposition and seek a stay of the order.
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How to Counter or Oppose an Injunction Order on Property in India
- File a written opposition within the stipulated time (usually 7 days).
- Demonstrate lack of irreparable harm – show that the plaintiff can be compensated with money.
- Prove the balance of convenience lies with the defendant (e.g., the defendant has already invested heavily in the property).
- Raise procedural objections – e.g., the petition was filed without jurisdiction or the court fee was not paid.
- Submit counter‑evidence – title documents, tax receipts, or a no‑objection certificate from the relevant authority.
If the opposition is successful, the court may dismiss the injunction or modify its terms.
Conclusion
An injunction order on property is a potent legal remedy that can restrain a party, compel action, and preserve a plaintiff’s property rights while the dispute is being decided. Understanding the meaning and types, the legal process, the costs, and the consequences of contempt equips property owners, landlords, and developers to protect their interests effectively.
Whether you need a temporary restraining order to stop demolition, a permanent injunction to enforce a boundary, or you wish to oppose an unjust order, following the step‑by‑step guide, using the sample petition, and seeking legal advice will increase your chances of success.
Key Takeaways – Quick Summary
- Injunction = court order to do or not do something; in property cases it protects property rights.
- Types: temporary (ad‑interim, preliminary), permanent, mandatory, prohibitory.
- Legal process: petition → filing → interim hearing → notice → final hearing → decree.
- Court fee varies by state; typical cost ₹5,000‑₹25,000 for temporary, ₹15,000‑₹50,000 for permanent.
- Grounds: irreparable harm, balance of convenience, need to maintain status quo.
- Violation = contempt of court → fines, imprisonment, asset attachment.
- Opposition: file written opposition, show no irreparable harm, prove balance of convenience, raise procedural defects.
- Sample forms and a Telugu version are available for free download.
