An interim order — also called an interlocutory order — is a temporary order passed by a court during the pendency of a case, distinct from the final order or judgment that disposes of the matter. Interim orders serve the essential function of preserving the status quo, preventing irreparable harm, or ensuring that the final order, when passed, remains effective.
Common types of interim relief in Indian practice: — **Stay** — of proceedings, of operation of an impugned order, of execution of a decree. — **Injunction** — restraining a party from doing (or requiring them to do) a specific act. Governed by Order XXXIX CPC. — **Appointment of Receiver** — Order XL CPC; takes custody of property pending disposal. — **Attachment before judgment** — Order XXXVIII CPC; prevents the defendant from dissipating assets. — **Interim custody** in matrimonial and guardianship matters. — **Bail** — effectively an interim order pending the outcome of the criminal case.
The classical three-limb test for interim injunctions (prima facie case, balance of convenience, irreparable injury) applies with variations across interim reliefs. The court also weighs whether damages would be adequate compensation, whether the applicant has come with clean hands, and whether the delay in seeking relief has been adequately explained.
Interim orders are, by definition, not final — they can be varied, vacated, or confirmed during or at the end of proceedings. The urgency of interim relief often means applications are filed and argued ex parte or at short notice, with later inter-parte hearings.