TRW & Co · Civil Litigation, Arbitration & Writs
Injunction Suit Lawyer in Chittagong (Chattogram): Urgent Orders to Stop Sale, Construction and Asset Transfers
An injunction suit lawyer in Chittagong obtains urgent court orders that stop a disputed land sale, halt construction, freeze a developer's handover or prevent a business partner moving assets while the main dispute is decided. Under the Specific Relief Act 1877 and Order XXXIX of the Code of Civil Procedure, success depends on speed, a credible main suit and full disclosure.
Key pointAn injunction is only as strong as the suit behind it: courts first ask whether there is a prima facie case, so an unregistered sale agreement or a broken chain of title can sink an otherwise urgent application.
At a glance
Two statutes together
The Specific Relief Act 1877 sets when injunctions may be granted or refused; Order XXXIX of the Code of Civil Procedure governs temporary injunction procedure.
Three tests apply
Courts ask for a prima facie case, a balance of convenience in the applicant's favour and a risk of irreparable injury not compensable in money.
Orders without notice
An interim order can be made without notice where delay would defeat its purpose, but the court records reasons and full disclosure is essential.
Disobedience has teeth
Breaching an injunction can lead to attachment of property and detention in civil prison on the applicant's application to the court.
Forum matters since 2026
Qualifying commercial disputes may now belong in Chattogram's commercial courts, while challenges to public bodies often go to the High Court Division by writ.
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What an injunction does, and when you need one in Chattogram
An injunction suit lawyer in Chittagong asks a civil court to order someone to stop doing something, or occasionally to do something, before the damage becomes permanent. The classic cases are stopping a sale of disputed land, halting construction on a plot, preventing a developer from handing flats to third parties, restraining a partner from removing stock, or stopping a demolition while a dispute is decided.
Speed is the whole point. Once a disputed plot is sold to an innocent buyer, a building goes up, or goods leave the warehouse, getting the position back can take years. A temporary injunction freezes the situation while the court decides who is right. A perpetual injunction, granted at the end of a suit, protects the right permanently.
In Chattogram these applications are frequent because land is scarce and valuable, ownership is often shared among heirs, records are inconsistent across survey generations, and developers move quickly once they control a site. Business disputes produce their own urgent applications when assets, goods or funds are at risk.
The legal framework for injunctions in Bangladesh
Two statutes work together. The Specific Relief Act 1877 sets out the substantive law of preventive relief: what injunctions are, when they may be granted and when they must be refused. The Code of Civil Procedure 1908 governs the procedure, especially Order XXXIX for temporary injunctions.
Types of injunction
- Temporary injunction: lasts for a specified period or until further order, and is regulated by the Code of Civil Procedure.
- Perpetual injunction: granted by the final decree after the suit is heard on its merits, under section 54 of the Specific Relief Act.
- Mandatory injunction: compels a positive act, such as removing an unlawful structure, under section 55. Courts grant it cautiously, especially at the interim stage.
- Status quo order: a direction that both sides maintain the existing position, often made under the court's inherent powers while an application is heard.
Section 56 of the Specific Relief Act lists situations in which an injunction cannot be granted, for example where an equally efficacious remedy exists or where the applicant has no personal interest in the matter. A good application anticipates these objections.
Order XXXIX of the Code of Civil Procedure
Order XXXIX allows the court to grant a temporary injunction where property in dispute is in danger of being wasted, damaged or alienated, where the defendant threatens to dispose of property to defraud creditors, or to restrain a breach of contract or other injury. The court must ordinarily give the other side notice, but it can grant an interim order without notice where delay would defeat the purpose, recording its reasons. Disobedience can lead to attachment of property and detention in civil prison.
Related interim orders
An injunction is not the only interim tool. Order XXXVIII of the Code allows attachment before judgment where a defendant is about to dispose of or remove property to obstruct a future decree, and Order XL allows the court to appoint a receiver to manage disputed property, such as rental income from a building or the assets of a failed partnership. An injunction suit lawyer in Chittagong will often combine these orders, because restraining one act may not protect the value of the property on its own.
The three tests courts apply
Bangladeshi courts consistently ask three questions before granting a temporary injunction:
- Prima facie case: is there a serious, arguable claim, supported by documents, that deserves trial?
- Balance of convenience: would refusing the injunction cause more harm to the applicant than granting it would cause to the other side?
- Irreparable injury: would the harm be impossible or very difficult to repair by money compensation later?
The applicant's own conduct matters too. Delay, concealment of material facts or coming to court with unclean hands can defeat an otherwise strong application. An injunction suit lawyer in Chittagong will test the facts against each question before filing.
Which court in Chattogram hears an injunction suit
An injunction is not usually sought in isolation. It is attached to a suit: for declaration of title, recovery of possession, partition, specific performance, or a commercial claim. The court that hears the main suit hears the injunction application.
| Dispute | Typical forum | Notes |
|---|---|---|
| Land title, possession or construction | Civil court with territorial jurisdiction over the land, at the level set by the suit's value | Suits about immovable property are filed where the property lies |
| Partition among co-sharers | Assistant Judge or higher civil court where the land lies | Injunction often restrains one co-sharer from selling or building on a specific portion |
| Developer and flat disputes | Civil court, or commercial court if the dispute is commercial within the 2026 regime | Check the forum carefully since 2026 |
| Business contracts, goods and LCs | Commercial courts for qualifying disputes; otherwise civil courts | LC injunctions succeed only in narrow fraud cases |
| Actions of CDA, City Corporation or other public bodies | Often the High Court Division under Article 102 | A writ may be more effective than a civil suit |
| Land dispute threatening breach of the peace | Executive Magistrate under the Code of Criminal Procedure | Protects peaceful possession, not title |
Most Chattogram civil courts sit in the court complex in Kotwali, with upazila-level courts for outlying areas. Our guide to Chattogram courts explains the map. Where the dispute is with a public authority, our writ petition practice may be the better route.
Common Chattogram scenarios
The facts differ in every case, but the same patterns recur in the Chattogram courts. Recognising the pattern early helps an injunction suit lawyer in Chittagong choose the right main suit and the right order to ask for.
Stopping a sale or registration
One co-heir agrees to sell family land in Patiya, Hathazari or the city without the others, or a seller who signed an agreement with you takes a better offer. The injunction restrains the sale and registration of the specific land. To be effective, the order should be served on the sub-registry office where registration would take place, as well as on the seller and any known buyer.
Stopping construction
A neighbour builds over a boundary, a developer begins work without the landowner's consent, or a co-sharer starts building on joint land before partition. Here the court weighs how far work has progressed. Early applications, before foundations and floors are in place, are far more likely to succeed. Where the complaint is that construction breaches planning approval, the Chattogram Development Authority's own enforcement powers and, if it fails to act, a writ may sit alongside the civil claim; see our CDA building approval page.
Forcible occupation
Where someone has taken land by force or with forged documents, the civil route seeks declaration, recovery of possession and an injunction against further acts. The Land Crime Prevention and Remedy Act 2023 adds criminal remedies for land-related offences. Running both requires a consistent account of title and possession.
Business assets, goods and information
A departing partner removes stock from a Khatunganj warehouse, a distributor keeps selling under a terminated trade mark, or a former employee uses a customer list. The court can restrain these acts, and in money claims can attach property before judgment where the defendant is disposing of it to defeat a decree. Evidence of the specific act, not general suspicion, is what persuades.
Cause lists and court locations can be checked on the Chattogram judiciary website, and civil revisions against injunction orders are listed by the Supreme Court. An injunction suit lawyer in Chittagong will track both once proceedings begin.
Key decisions for an injunction suit lawyer in Chittagong
Before filing, several strategic choices shape the outcome.
Which main suit?
The injunction must support a real claim. A suit for declaration of title with consequential injunction, a suit for specific performance, or a partition suit each carry different evidential burdens and court fees.
Ex parte or on notice?
An interim order without notice is possible where delay would defeat the purpose, but it needs strong evidence of urgency and full disclosure. Otherwise the court will issue notice and hear both sides.
Prohibitory or mandatory?
Stopping an act is far easier than compelling one. Ask for a mandatory order at the interim stage only where the case is exceptionally strong and the harm is clear.
Civil, criminal or writ?
Forcible occupation may also be a crime under the Land Crime Prevention and Remedy Act 2023, and a public body's unlawful act may call for a writ. Combining routes can add pressure but must be consistent.
An injunction is only as strong as the suit behind it and the speed with which it is sought. A strong claim filed late can be weaker than a modest one filed at once.
The process: from instructions to order
- Urgent assessment. Review title documents, khatians, deeds, agreements and photographs; identify the threatened act and how soon it will happen.
- Evidence of urgency. Collect proof that the harm is imminent: advertisements for sale, construction starting, notices from the other side, witness statements.
- Draft the plaint and application. Prepare the main suit and a separate application under Order XXXIX, supported by affidavit, setting out the three tests with documents.
- File and move. File in the court with jurisdiction and ask for the application to be heard promptly, seeking an interim order or status quo where justified.
- Serve and hear. Serve notice on the defendant; since May 2025 summons can also be served by SMS and messaging apps. The court hears both sides on the injunction application.
- Order and enforcement. If granted, serve the order on the defendant and, where relevant, on the sub-registry, developer or contractor. Breaches can be brought back before the court.
- Appeal or revision. An order granting or refusing a temporary injunction can be challenged by miscellaneous appeal, and then by civil revision in the High Court Division.
- Trial of the main suit. The temporary injunction holds the position while the suit proceeds to trial and, if successful, a perpetual injunction.
For a fuller explanation of the steps, see our article on temporary injunctions and the guide to how a civil suit works.
Documents and evidence to assemble
- Title deeds, inheritance documents, mutation records and the CS, SA, RS, BS or city survey khatians for the land.
- Land development tax receipts and DLRMS or e-Porcha printouts.
- Agreements: sale agreements, developer agreements, joint venture or partnership deeds, supply contracts.
- Evidence of the threatened act: photographs with dates, sale advertisements, CDA or City Corporation notices, letters from the other side.
- Witness details for neighbours, caretakers, contractors or employees who can confirm possession or the threatened act.
- Any earlier orders in related cases, including criminal, magistrate or land office proceedings.
Once a suit concerning specific land is pending, the doctrine of lis pendens under section 52 of the Transfer of Property Act 1882 means a transfer made during the suit is subject to its result. Lis pendens protects the plaintiff legally, but an injunction served on the sub-registry and the defendant stops the transfer happening at all, which avoids a second round of litigation against the buyer.
Risks and common mistakes
Waiting too long
Courts treat delay as evidence that the matter is not truly urgent. Applicants who watch construction rise for months before filing often find the balance of convenience has shifted, because the defendant has now spent heavily and third parties are involved. Delay also allows the other side to complete a sale or registration. As soon as the threat is concrete, gather documents and file. If more evidence is needed, file what you have and supplement it, rather than waiting for a perfect file. An injunction suit lawyer in Chittagong can often prepare an urgent application within days.
Concealing or overstating facts
An applicant seeking an interim order, especially without notice, must disclose everything material, including facts that hurt the case. Courts discharge injunctions obtained by concealment, and may impose costs. Overstated claims about possession or title are quickly tested when the other side produces its documents. A balanced application that acknowledges weaknesses and explains them is more persuasive and more durable than one that exaggerates.
Seeking an injunction without a viable main suit
The injunction rides on the suit. If the plaintiff's title or contract claim is weak, defective or time-barred, the injunction will fail on the first test, prima facie case. Common problems include unregistered sale agreements, which since the 2004 amendments cannot support specific performance, gaps in the chain of title, and suits brought by one heir without the others. Fix the main suit first.
Ignoring the forum change for commercial disputes
Since the commercial courts began work in 2026, injunctions in qualifying commercial disputes may belong in a commercial court rather than an ordinary civil court, and pre-suit mediation may apply. Whether urgent interim relief can be sought before mediation should be confirmed under the current text. Filing in the wrong court wastes the urgency that justified the application. See our commercial litigation page.
Failing to enforce the order
An injunction that the defendant ignores is of limited use unless the applicant acts. Serve certified copies on the defendant, the developer, the contractor and the relevant sub-registry office, and keep proof of service. If construction or sale continues, apply promptly for action for disobedience, which can include attachment of property and civil detention. Police assistance may be sought through the court where there is resistance.
Cross-border and NRB angles
Non-resident Bangladeshis are among the most frequent applicants. A family member in Chattogram sells inherited land, a relative starts building on a plot bought with remittances, or a developer stops answering calls. Distance makes urgency harder to manage, because documents and instructions need to cross borders quickly.
An injunction suit can be filed through a properly executed power of attorney, so the applicant does not need to travel. The power must be attested abroad by the Bangladesh mission and then dealt with in Bangladesh as the law requires; our power of attorney page explains the steps. Affidavits sworn abroad must be in admissible form. Our NRB property practice and the article on illegal land occupation cover the wider remedies.
For foreign companies, the most common injunctions concern letters of credit, joint venture assets and misuse of trade marks or confidential information. TRW & Co's offices in Dhaka, Singapore, Dubai and London help coordinate evidence and instructions so that the Chattogram application is filed without avoidable delay.
How TRW & Co helps
TRW & Co's Bangladesh advocates appear before the Chattogram civil courts, the commercial courts and the High Court Division. As an injunction suit lawyer in Chittagong, we move quickly while making sure the application can survive a contested hearing.
Urgent land injunctions
We stop sales, transfers and construction on disputed land, working with our land and partition teams to build the title case behind the application.
Developer and flat disputes
We restrain developers from handing over or selling flats owed to landowners or buyers, alongside claims for performance or compensation.
Commercial injunctions
We seek orders to protect goods, funds, shares and confidential information, and attachment before judgment where a debtor is moving assets.
Defending injunctions
We oppose applications, seek discharge or variation of orders obtained without notice, and bring appeals and revisions where orders go too far.
See our practices and the Chattogram office overview.
Checklist for decision-makers
- What exactly is threatened, and when will it happen?
- What is the main claim, and is it supported by documents?
- Can you show a prima facie case, balance of convenience and irreparable injury?
- Which court has jurisdiction: civil, commercial or the High Court Division?
- Who must be served with any order: defendant, developer, contractor, sub-registry?
- Is there a criminal or magistrate route running in parallel, and is it consistent?
- If you are abroad, is a valid power of attorney in place?
An injunction suit lawyer in Chittagong can usually tell within one meeting whether an urgent application is viable. Contact us through our contact page, at info@trw.co or on +880 1779 127165. Our office is at Room 4022, Annex 2, District and Sessions Judge Court Building, Court Hill (Porir Pahar), Kotwali, Chattogram 4000.
Frequently asked questions
01How quickly can I get an injunction in Chattogram?
It depends on the urgency, the court's list and how quickly documents are ready. Where delay would defeat the purpose, the court can make an interim order without notice to the other side, recording its reasons, and then hear both parties. Otherwise it issues notice and hears the application on a fixed date. Applicants who file promptly with organised documents and clear evidence of the threat give themselves the best chance of an early order.
02What is the difference between a temporary and a perpetual injunction?
A temporary injunction is an interim order that preserves the position while the suit is pending, and is governed by Order XXXIX of the Code of Civil Procedure. A perpetual injunction is granted in the final decree after the court decides the suit on its merits, under section 54 of the Specific Relief Act 1877. A temporary order can be varied or discharged; a perpetual one permanently restrains the defendant from the act complained of.
03Can I stop my relatives from selling inherited land?
Often, yes. A co-heir can file a suit, typically for partition or declaration, and apply for a temporary injunction restraining the sale of the disputed land, especially of a specific portion. The court will look at the inheritance documents, khatians and possession. Serving the order on the relevant sub-registry office helps prevent registration of a sale. Lis pendens under section 52 of the Transfer of Property Act also makes transfers during the suit subject to its result.
04Can I get an injunction against CDA or the City Corporation?
Civil suits against public bodies raise procedural and jurisdictional questions of their own, and many challenges to the decisions of public authorities are better brought as writ petitions under Article 102 of the Constitution in the High Court Division. The High Court Division can stay an unlawful decision while it hears the writ. The right route depends on whether the dispute is about private rights or the lawfulness of the authority's action.
05What happens if the other side ignores the injunction?
Disobedience of an injunction can be brought back before the court that made it. The court can order attachment of the disobeying party's property and detention in civil prison, and can direct that the position be restored. Keep evidence of service and of the breach, such as dated photographs and witness statements, and apply quickly. The court can also seek assistance from law enforcement in appropriate cases.
06Can an injunction be challenged?
Yes. The defendant can apply to the same court to discharge or vary the order, especially if it was made without notice or on incomplete facts. An order granting or refusing a temporary injunction can be challenged by miscellaneous appeal and then by civil revision in the High Court Division. Applicants should expect a contested hearing and prepare their documents accordingly.
07I live abroad. Can I file an injunction suit without travelling?
Yes. You can authorise a representative in Bangladesh through a power of attorney executed abroad, attested by the Bangladesh mission and dealt with in Bangladesh as the law requires. Affidavits must also be properly sworn. Your representative and advocates can then file the suit and application and attend hearings. Because injunctions are urgent, it helps to put a power of attorney in place before a crisis arises.
Sources and official materials
- Specific Relief Act 1877 — Perpetual, mandatory and temporary injunctions
- Code of Civil Procedure 1908 — Order XXXIX temporary injunctions and appeals
- Transfer of Property Act 1882 — Section 52 lis pendens
- Land Crime Prevention and Remedy Act 2023 — Offences of forcible occupation and land fraud
- Chattogram District Judiciary — Chattogram civil courts and cause lists
- Supreme Court of Bangladesh — Civil revision and writ jurisdiction
General information only, current as at 2 November 2026. It is not legal advice and does not create an advocate–client relationship. It reflects the law of Bangladesh unless stated otherwise, and the law, court practice and official fees change frequently. Check current official sources and take advice on the facts of your matter.
