How to File an Injunction Against Sale of Property — Islamabad & Peshawar Practice?

Preventing the unauthorized sale of property is a critical concern for owners facing disputes over ownership, inheritance, or fraudulent transactions. In Pakistan, an injunction—a court order restraining a party from selling or transferring property—offers a powerful legal remedy to protect rights pending resolution of underlying disputes. For property owners in Islamabad, the federal capital with its high-value real estate market, and Peshawar, the bustling hub of Khyber Pakhtunkhwa where rural and urban land issues converge, filing an injunction is a strategic step to safeguard assets. This detailed guide outlines the legal framework, required documents, and practical procedures for obtaining an injunction, incorporating updates as of September 2025. Nouman Muhib Kakakhel – Lawyer & Legal Consultant emphasizes the importance of acting swiftly with robust evidence, as delays can lead to irreversible transfers or financial losses.

With rising property disputes in 2025, driven by urban development and inheritance conflicts, courts have prioritized interim relief to stabilize ownership, supported by digital filing advancements.

Understanding Injunctions Against Property Sale

An injunction against property sale is a court-ordered prohibition preventing the transfer, sale, or alienation of a disputed property until the main legal dispute is resolved. Governed by the Specific Relief Act, 1877, and the Code of Civil Procedure, 1908 (CPC), injunctions are sought to prevent irreparable harm, such as losing a family home or commercial plot. Temporary injunctions under Order 39 CPC provide immediate relief, while perpetual injunctions under Section 54 of the Specific Relief Act may follow a final decree.

In Islamabad and Peshawar, injunctions are common in cases involving inheritance disputes, fraudulent sales, or breaches of sale agreements, ensuring the property remains intact during litigation.

Seeking such relief benefits from expertise in property injunctions.

Legal Framework for Injunctions

The Specific Relief Act, 1877, under Section 36, authorizes temporary and perpetual injunctions, while Section 54 specifies conditions for prohibiting property alienation. The CPC’s Order 39, Rules 1 and 2, allows interim injunctions when prima facie case, balance of convenience, and irreparable harm are established. The Land Revenue Act, 1967, intersects for updating records post-injunction. Jurisdiction lies with Civil Courts (Civil Judge or District Judge) based on property value, with appeals to the Islamabad High Court (IHC) or Peshawar High Court (PHC) under Section 96 CPC.

In 2025, judicial reforms promote mediation under Section 89A CPC to reduce litigation, and digital filings streamline processes in both cities.

Grounds for Seeking an Injunction

Valid grounds for an injunction include a prima facie case of ownership or legal interest, such as inheritance rights, a valid sale agreement, or disputed title. The plaintiff must demonstrate irreparable harm, like loss of ancestral land, and that the balance of convenience favors halting the sale. Common scenarios in Islamabad involve CDA-regulated plots facing fraudulent transfers, while in Peshawar, rural inheritance disputes or forged mutations are frequent.

Recent 2025 IHC rulings emphasize granting injunctions when ownership documents are clear, while PHC cases highlight protection against family denials of shares.

These grounds are critical for building a case in property sale disputes.

Documents Required for Filing an Injunction

Filing an injunction requires robust documentation to prove ownership and risk of harm. Essential documents include the title deed or fard-e-milkiyat, mutation entries from revenue records, and a site plan of the property. Provide proof of legal interest, such as inheritance certificates, sale agreements, or family registration documents. Affidavits from witnesses, prior complaints to authorities, or FIRs for fraud (under Section 420 PPC) strengthen the case.

In 2025, digital copies are accepted for e-filings in Islamabad, but originals are required during hearings in both cities.

Step-by-Step Procedure in Islamabad

In Islamabad, injunction suits are filed in District Civil Courts, with the IHC handling appeals or constitutional petitions under Article 199. Draft a plaint under Order VII CPC, detailing ownership, the threat of sale, and grounds for relief. File with court fees (ad valorem, typically 1-2% of property value) and serve summons to defendants.

The court assesses prima facie case, balance of convenience, and harm, issuing a temporary injunction under Order 39 if warranted. Hearings involve evidence and arguments, with a possible perpetual injunction post-trial. Execution updates revenue records, with appeals to IHC.

The 2025 IHC e-filing portal enhances efficiency for urban disputes.

This process is streamlined with support for Islamabad property injunctions.

Step-by-Step Procedure in Peshawar

In Peshawar, suits are lodged in District Civil Courts, with appeals to the PHC. File a plaint with property details, evidence of ownership, and sale threats, paying court fees and serving defendants. The court evaluates grounds for interim relief, issuing injunctions under Order 39 CPC if conditions are met.

Evidence is recorded, and mediation under Section 89A is encouraged in 2025 to reduce rural dispute timelines. Successful suits result in enforceable orders, with appeals to PHC under Section 96 CPC.

Local expertise is key for Peshawar injunction cases.