respondent was
one for declaration and additional relief of mandatory
injunctions. The mandatory injunctions sought by the
respondent could have been granted only if declaration ... Suit in effect was one far declaration
with consequential relief on mandatory injunctions. It was not
simply a suit for mandatory injunctions. Section
reserved: 30.01.2013
Date of decision : 05.02.2013
SUIT FOR PERMANENT AND MANDATORY INJUNCTIONS.
JUDGMENT
1. The facts in brief, necessary for the disposal of the present ... seen that the present suit is
a suit for permanent and mandatory injunctions simplicitor. The plaintiff in para
no.17 of the plaint, has valued
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
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
traced to the decisions
concerning the grant of interim mandatory injunctions that can be ordered by
a civil court. In Jabed Sheikh v. Taher Mallick
Procedure, but the suits for mandatory
injunction for directing the defendants to fill up the sanctioned posts;
suit for mandatory injunction to implement the Statutes ... were passed though in such suits for mandatory injunctions, the relief
of mandatory nature could not be granted by way of interim orders
and that
land, the plaint
was amended to seek declaration of title and for mandatory
injunction.
33. Now, the question is, at this length of time, after ... relating to Injunctions, 6th Edn.,
speaking about the issue of mandatory injunctions, adds:
47
".... It seems, however, in this country (India)
that, subject
said judgments read thus :-
14. The relief of interlocutory mandatory
injunctions are thus granted generally to preserve
or restore the status quo of the last ... 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
construction put up by him.
However, in a mere suit for mandatory injunction, there is no
provision for limitation but it shall be granted only ... 2920 of 1984 (O&M) - 10 -
reads thus:-
"39. Mandatory injunctions.- When, to prevent the
breach of an obligation, it is necessary
Soumyendra Roy Choudhury vs Uco Bank & Ors on 29 November, 2013
Author: Soumen Sen
