Order 21, Rule 32 applied to prohibitory as well as mandatory injunctions. With all deference to the learned Judge I am of opinion that notwithstanding ... qualification or restriction, that clause cannot be read as embracing' prohibitory injunctions. The clause as well as the illustration appended to it make
Civil Procedure Code was intended to cover only mandatory injunctions, and did not apply to prohibitory injunctions at all.
(3) We think it is sufficient
that whatever view may be taken of the general question of mandatory injunctions under Order xxxix, Rule 2, I think this injunction must be maintained
Order 21 Rule 32 would apply to both mandatory as well as prohibitory injunctions.........The word injunction in Sub-rule (5) has been clarified ... Rule 32(5) can only be construed as applying to mandatory injunctions and not to prohibitory injunctions."
9. It was also observed referring
from
out of their Corporation Bank account, but further issued an
interim mandatory injunction directing the appellants to deposit
in the said account, an amount ... ought not to be exercised as a matter of
course. Interim mandatory injunctions may be granted generally
to preserve or restore the status
question for consideration is whether they are entitled to perpetual and mandatory injunctions as prayed for in the suit.
Section 54 of the Specific Relief ... injury ?
(iv) Are the plaintiffs entitled to perpetual and mandatory injunctions?
24. In the result, the second appeal is allowed and the case is remanded
Viruddha Sambandha Putra was adopted. If the rule
was intended to be mandatory it is reasonable to expect that
the author who as the treatise ... logic and other
rules which deal with the question of mandatory injunctions
would give clear indication of that view. This was all the
more reasonable
first defendant had constrained plaintiff to sue for declarations and injunctions. The first was a declaration that defendant No. 1 had no right, title ... execution, violative of the height restriction aforementioned, deserved to be demolished. A mandatory injunction to that effect was solicited.
32. Events pendente-lite have been
Karnataka State Cricket
Association were also made parties, seeking declaratory and
mandatory injunctive reliefs against the Defendants. While the
Suit is progressing in this High
discretion in the
matter of grant or refusal of ad interim mandatory injunctions.
Learned counsel for the plaintiff relying upon a judgment of the
Supreme ... interim
mandatory injunction in appropriate cases is permissible and is not
a totally forbidden relief. The only requirement is that interim
mandatory injunctions should
