Dorab Cawasji Warden vs Coomi Sorab Warden & Ors on 13 February, 1990
In such a
situation issuance of mandatory injunction directing the handing over the
possession in favour of the plaintiff would be unsustainable in law and is
contrary to the law laid down by this Court in the case of Dorab Cawasji
Warden vs. Coomi Sorab Warden (supra). Learned counsel also pointed
out that the fact that the property in question is not used for commercial
purposes or is in the possession of a Caretaker are irrelevant facts for the
purpose of deciding whether an interim mandatory injunction to hand over
possession should be granted or not.