guideline approved for mandatory
injunctions in Locabail recognises that there may be cases
in which less is sufficient."
On the test ... date
when the suit was instituted.
The relief of interlocutory mandatory injunctions are
thus granted generally to preserve or restore the status
Company against the Bank for specific performance and for perpetual and
mandatory injunctions raising common issues between parties in both
these suits was a sufficient
that
31
even a claim for relief of specific performance, perpetual and mandatory
injunction being the subject matter of the suit by the respondent therein ... company against the Bank for
specific performance and for perpetual and
mandatory injunctions raising common issues
between parties in both these suits was a sufficient
House of Lords stated at page 367:
"It is true that mandatory interlocutory
relief may be granted even where it
substantially overlaps the final ... indicates when
perpetual injunctions are granted and Section 39
indicates when mandatory injunctions are granted.
Section 40 provides that damages may be awarded either
Court in the present case is a mandatory direction to
handover possession to the plaintiffs. Grant of mandatory interim relief
requires the highest degree ... usefully remembered in this regard:
“16. The relief of interlocutory mandatory injunctions are thus
granted generally to preserve or restore the status
mind in considering the prayer for
interlocutory mandatory injunction observed :
"The relief of interlocutory mandatory
injunctions are thus granted generally to
preserve or restore ... Being essentially an equitable relief the
grant or refusal of an interlocutory
mandatory injunction shall ultimately
rest in the sound judicial discretion of
the court
modification
of the decree, it is for grant of orders of mandatory
injunctions of different nature and in different terms as
quoted in the earlier
Company against the Bank for specific performance and for perpetual and
mandatory injunctions raising common issues between parties in both
these suits was a sufficient
subject to final adjudication in the original suit.
It is the above mandatory interim order of directing the interim
possession being handed over ... wherein this Court held :-
"The Relief of interlocutory mandatory injunctions
are granted generally to preserve or restore the status-
quo of the last
High Court
was competent to issue an interim injunction in a
mandatory form. It was further held in this case
that in granting an interim ... date
when the suit was instituted.
16. The relief of interlocutory mandatory
injunctions are thus granted generally to preserve
or restore the status
