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@article{202181,
        author = {Gourika Aganpal},
        title = {Temporary Injunctions under Order XXXIX of the Code of Civil Procedure, 1908_ Judicial Discretion and Procedural Misuse in Civil Litigation},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {12},
        number = {12},
        pages = {6727-6736},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=202181},
        abstract = {Temporary injunctions constitute one of the most significant interim remedies within Indian civil procedure. Order XXXIX of the Code of Civil Procedure, 1908 empowers courts to grant preventive relief to preserve disputed property or rights pending final adjudication. Over time, judicial interpretation has structured the grant of such relief around three established principles: prima facie case, balance of convenience, and irreparable injury.
Despite doctrinal clarity, the discretionary nature of temporary injunctions has produced concerns regarding inconsistency and procedural misuse. Ex parte orders, suppression of material facts, forum shopping, and strategic litigation have complicated the equitable character of interim relief. This paper examines the statutory framework of Order XXXIX, the judicial evolution of governing principles, and patterns of misuse in civil litigation. It further analyses comparative developments under the United Kingdom Civil Procedure Rules. The paper argues that while judicial discretion remains essential, procedural safeguards and accountability mechanisms are necessary to prevent abuse and ensure that interim relief promotes justice rather than delay.},
        keywords = {},
        month = {May},
        }