which were filed by the respondents herein seeking mandatory injunctions and damages as against the said Rengarajan/appellant herein ... permissive occupier and on the strength of the alleged cancellation notice, mandatory injunctions were granted as against him for removing his belongings from the premises
indicates
when perpetual injunctions are granted and Section 39 indicates when
mandatory injunctions are granted. Section 40 provides that damages may
be awarded either ... right unless
the above conditions are satisfied.
As far as mandatory injunctions are concerned S.39 of the
Specific Relief Act provides :
When, to prevent
guideline approved for
mandatory injunctions in Locabail
recognises that there may be cases in
which less is sufficient."
On the test to be applied ... granting mandatory
injunctions on interlocutory applications in
Halsbury's Laws of England, 4th edn., Vol.24,
para 948 it is stated:
"A mandatory
claimed mesne profits along with interest
as well as permanent and mandatory injunctions.
30. However the suit as framed by the plaintiff is primarily ... damages and permanent and
mandatory injunction. Therefore the relief of recovery of damages/
mesne profits and permanent and mandatory injunctions cannot be
combined with
required to be done" covers prohibitory as well as mandatory
injunctions.]"
3
6. It is evident from Sub-rule (1) of Rule ... rule (5) of Rule 32 on
the language used applies to mandatory injunctions only. The word 'injunction'
under Sub-rule (5) has been
Date of Decision : 04.08.2011
SUIT FOR DECLARATION, PERMANENT &
MANDATORY INJUNCTIONS
Suit No.18/09 Page ... Initially,
the suit was filed by the plaintiff for permanent and mandatory
injunctions but the same was amended and relief of declaration
was included
reserved: 22.03.2011
Date of decision : 04.04.2011
SUIT FOR PERMANENT AND MANDATORY INJUNCTIONS.
JUDGMENT
The facts in brief, necessary for the disposal of the present suit ... Whether the plaintiff is entitled for decree of Permanent and Mandatory injunctions
as prayed in the suit ? OPP
2) Relief.
In order to prove their
PERMANENT AND MANDATORY
INJUNCTION
JUDGMENT
The facts in brief, necessary for the disposal of the present suit for
Declaration, Permanent and Mandatory Injunctions filed ... defendant no.1 filed
a suit for Permanent and Mandatory Injunctions against the plaintiff and his
son bearing suit no. 128/09 and in that
Page No. 1/5
SUIT FOR PERMANENT AND MANDATORY INJUNCTIONS
JUDGMENT
1. Vide this judgment I shall dispose off a suit for permanent and
mandatory ... permanent and
Suit No. 191/10 Page No. 2/5
mandatory injunctions along with cost.
3. Defendants were served and defendants
Order
XXI Rule 32 CPC applies to prohibitory as well as mandatory
injunctions. In other words, it applies to cases where the party is
directed
