J&K High Court: Interim Injunctions Cannot Be Issued Against Non-Parties

The J&K High Court has ruled that interim injunctions under Order 39, Rules 1 and 2 of CPC cannot be issued against individuals who are not parties to the suit or appeal.  

Justice Sanjay Dhar clarified that such injunctions are intended to preserve the status quo among existing parties and cannot affect third parties who have not submitted to the court's jurisdiction.

The ruling came in a land dispute where the appellants tried to restrain Mushtaq Ahmad Rather, a non-party, from constructing on the land.

The court dismissed the plea, noting Rather had valid possession for over 13 years and no irreparable loss was shown.