interim mandatory injunction for reconsideration by the District court.
Thereafter, the District court reconsidered the application for interim
mandatory injunction and allowed the same ... interim mandatory
injunction, the High Court specifically pointed out that the essential
condition for passing an interim mandatory injunction was that the party
claiming
injunction to the same effect.
(d) On l1th August, 1992, the petitioner filed another suit (O.S. No. 490 of 1992) seeking mandatory injunction directing ... petitioner filed O.S. No. 514 of 1992 seeking mandatory injunction directing the Electricity Board not to replace the existing meter unless and until
filed by the respondents herein against the petitioner, seeking declaration, mandatory injunction and other reliefs, wherein I.A.No.1152 of 2012 was filed ... following
c-1 For the relief of mandatory injunction, the plaintiffs the suits at Rs.1,000.00
Court fee paid under
Court has directed that in order to execute the decree for mandatory injunction where direction for vacating the demised premises has been issued the issuance ... that defendant-respondent filed Civil Suit No. 243 dated 16.8.2003 for mandatory injunction directing the respondents (JD-petitioner herein) to vacate and hand over
requests, the defendant did not
vacate the suit property. Suit for mandatory injunction
was accordingly filed.
(iv) Defendant, being the son of the plaintiff, contested ... said issues read
as follows:-
1. Whether the suit for mandatory injunction is not
maintainable in the present form? OPD
2. Whether the suit premises
claim, the petitioner herein/counter-claimant has already prayed for
mandatory injunction. Mandatory injunction is really in form, a claim for
possession, and in fact ... deleted
and substituted by the word 'mandatory injunction' and which prayer for
mandatory injunction already exists in the present suit. As already stated
feet East West in the Schedule ‘B’ property, for a
mandatory injunction directing the petitioner to remove the encroachment
made in Schedule ‘B’ property, permanent ... Court
fees and Suit Valuation Amendment Act towards the mandatory injunction
and claiming mandatory injunction. It is well settled that counter claim
seeking to amend the plaint by entertaining the
prayer for mandatory injunction.
http://www.judis.nic.in
2
2. Heard Mr. P.Sesubalan Raja, learned ... pending suit, which was filed
for permanent injunction, the proper recourse is to seek for mandatory
injunction to restore his possession. In view
that when he receives notice of an interim injunction it is completed, a mandatory injunction will be granted on interlocutory application.'
30.Be that ... legal owner there cannot be an order of injunction much less the order of mandatory injunction and therefore, the order passed by the trial Court
permanent injunction is barred by limitation and what he says is that mandatory decree cannot be executed. By granting mandatory injunction, defendant is bound ... mandatory injunction simpliciter and it is not applied to an execution of a decree for prohibitory injunction coupled with mandatory injunction, for which time Article
