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1 - 5 of 5 (0.20 seconds)Dorab Cawasji Warden vs Coomi Sorab Warden & Ors on 13 February, 1990
In Dorab Cawasji Warden vs. Coomi Sorab Warden and others, reported in 1990 (2) SCC 117, considering the scope of issuing Ad-interim Mandatory Injunction, the Hon'ble Apex Court, after referring to several authorities, has held as follows :
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Gurswaroop Joshi vs Beena Sharma & Ors on 25 April, 2006
14. The Hon'ble Supreme Court in Gurswaroop Joshi vs. Beena Sharma, reported in 2006 (3) CTC 53 has held that in an appeal interim order in mandatory nature should not be granted, when the relief sought for is similar to that of the main prayer, since such order would render the appeal itself infructuous. As per the ruling of the Apex Court, grant of mandatory injunction in such cases suffers from manifest error.
Sakthi Durga Builders And Developers vs P.S. Raman on 19 December, 2006
20. It is seen that a Division Bench of this Court, in Sakthi Durga Builders and Developers vs. P.S.Raman, reported in 2007 (3) CTC 163 has held that under Order XXXIX Rules 1 and 2, interim mandatory injunction can be granted only when there is a very strong prima facie case, apart from other aspects regarding irreparable loss and the balance of convenience and the tests to be satisfied are far from stringent in case of an interim mandatory injunction and can be granted only in exceptional cases.
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