Interlocutory Injunction

Posted in Human Resources Terms, Total Reads: 1189

Definition: Interlocutory Injunction

Interlocutory injunction is kind of a temporary stay order that the petitioner gets on the issue concerned, for a certain period of time or until the further court order. It is to maintain the status quo and to avoid the permanent damage in the case. This is also known as temporary injunction.

Interlocutory injunction comes under Special Relief Act, 1963. These are further regulated by civil procedure code. These injunctions are purely on basis of discretion the court. Court will award interlocutory injunction when it feels that doing otherwise will benefit one party more than other and it may affect the final verdict of the case.

A point to be noted here is that this injunction is not a final injunction. A final injunction could be reverse of the decision of interlocutory injunction depending on the merits and law.

Following is the example of Interlocutory injunction:

Say, there are two parties, party X and party Y. They are in some property dispute that has concerned them for years now. The case in the court and schedule hearing are taking place. At present, the property is with the party x and party y is also claiming their right in the property.

Now, Party x is thinking of building a hotel on that land. Party y knows that if hotel is build on that land that will be an irreparable damage to the property as they would build a house on the property if case is won. They appeal to the court to issue a stay order on the proceedings.

Court looks into the issue and decides to issue an interlocutory injunction to stay the construction of a hotel. It doesn’t mean that it’s been proved the party x is not a legitimate holder of land. It only mean that for the time the land is disputed party x does not have right for construction.

Hence, this concludes the definition of Interlocutory Injunction along with its overview.

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