Yes, interim relief can indeed be granted without hearing the other side in Delhi, and this is a well-established and important procedural mechanism known as an ex-parte ad-interim order, designed specifically for situations where the urgency of the circumstances is such that waiting to hear the opposing party before granting some form of protective relief would effectively defeat the entire purpose of seeking that relief in the first place, since giving the opposing party advance notice in certain fast-moving situations could allow them to complete the very harmful act, such as an imminent property transfer or urgent construction, that the applicant is trying to prevent.

The legal basis for granting interim relief without hearing the other side in Delhi is found in the proviso to Order 39 Rule 3 of the Code of Civil Procedure, 1908, which specifically permits a court to grant an injunction without giving notice to the opposite party where it appears that the object of granting the injunction would be defeated by the delay involved in giving such notice, though this provision simultaneously imposes important safeguards, requiring the court to record its reasons for dispensing with notice, and requiring the applicant to promptly deliver the application along with copies of the affidavits, plaint, and other relevant documents to the opposite party either before or immediately after the ex-parte order is passed.

Courts in Delhi apply the power to grant ex-parte interim relief with considerable caution, since it inherently involves making a decision affecting the opposing party's rights without hearing their side of the story, and courts generally require the applicant to make full and honest disclosure of all material facts, including any facts that might be unfavorable to their own case, since Indian courts have consistently held that a party seeking ex-parte relief owes an especially heightened duty of candor to the court precisely because the opposing party is not present to point out unfavorable facts or counter-arguments, and any suppression or misrepresentation discovered later can result in immediate vacation of the ex-parte order along with potential costs imposed on the party that obtained relief through incomplete disclosure.

Once an ex-parte ad-interim order is granted, it is not intended to be permanent or final, and the opposite party, upon receiving notice of the order, has the right to appear before the court and seek vacation or modification of the ex-parte relief under Order 39 Rule 4 of the Code of Civil Procedure, 1908, presenting their own side of the facts and arguments, after which the court reconsiders the interim relief with both parties now having had the opportunity to be heard, and courts typically schedule this follow-up hearing within a reasonably short period after granting ex-parte relief, precisely to ensure the affected party's right to be heard is not unduly delayed.

Given how significant obtaining swift ex-parte interim relief can be in protecting urgent property interests, such as preventing an imminent illegal construction, sale, or dispossession, and given the corresponding importance of promptly and effectively responding when such relief has been granted against you, professional legal representation is essential on both sides of such applications, and the Top Property Lawyers in Delhi | Aapka Legal Advice regularly secure urgent ex-parte relief for clients facing time-critical property threats, as well as promptly challenge ex-parte orders obtained against clients through incomplete disclosure. You can also reach out via Aapka Legal Advice if you urgently need interim protection for your property or if an ex-parte order has been passed against you that requires immediate challenge.

Where a party is discovered to have obtained ex-parte relief through deliberate suppression of material facts amounting to fraud on the court, the platform's panel of retired judges, alongside experienced criminal lawyers, can advise on the appropriate response, including seeking vacation of the order and imposition of costs. In conclusion, interim relief can indeed be granted without hearing the other side in Delhi under the proviso to Order 39 Rule 3 of the Code of Civil Procedure, 1908 in genuinely urgent situations, but this relief remains provisional and subject to the affected party's right to seek vacation or modification under Order 39 Rule 4 at the earliest opportunity.