Can the defendant file CPC 39(2A) if injunction is rejected?

The plaintiff’s temporary injunction appeal was rejected, but the plaintiff is still obstructing the construction work of the defendant. Can the defendant file CPC 39(2A) against the plaintiff?

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Advocate By LEAD INDIA Answered: 24 Feb 2025

Yes, the defendant can file under CPC Section 39(2A) if the plaintiff is still blocking construction after the temporary injunction appeal was rejected. This section allows the defendant to request the court to stop the plaintiff's actions and enforce the court’s previous order. The defendant may also ask for compensation for any damages caused by the obstruction. It is best to consult a lawyer to follow the right legal process. For further legal assistance contact us on our helpline number.
 

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