agree. He relied upon the principle that a court cannot issue a mandatory injunction for the doing of an act which cannot be supervised ... illustrations (a) and (b)) and Section 133 Cr. P. C. permit mandatory injunctions similar to a mandatory injunction contemplated by Section
Shri Om Prakash Gupta vs The United Provinces on 6 November, 1950
Equivalent citations: AIR1951ALL205
decree in so far as it relates to prohibitory and mandatory injunctions. The submission of the appellant to the contrary has no substance. Thus only ... that the compromise decree was in terms both for prohibitory and mandatory injunctions and was capable of being executed under Sub-rule (5) of Rule
Mags, have jurisdiction to issue orders even in the nature of mandatory injunctions. It must be borne in mind that Section 147 & similar other
irreparable loss but on an interlocutory application for grant of an interim mandatory injunction, the Court has to record a definite finding on prima facie ... paragraph 16 which is extracted below:
The relief of interlocutory mandatory injunctions are thus granted generally to preserve or restore the status
jurisdiction of the Specific Relief Act and the conditions under which mandatory injunctions are granted are those of Section 55 of that Act. In Pasmore ... injunction of a negative kind and not a mandatory injunction. No one disputes that injunctions of the kind in Section 54 are frequently granted
applies to the present case. There are two kinds of injunctions, namely (1) mandatory and (2) prohibitory. Under the mandatory injunction, certain acts are required ... Order 21, Rule 32, applies to prohibitory as well as mandatory injunctions. With all deference to the learned Judge, I am of opinion that notwithstanding
clearly observed as follows:-
"16. The relief of interlocutory mandatory injunctions are thus granted generally to preserve or restore the status ... case (supra), the Apex Court has held that interlocutory mandatory injunctions are thus granted generally to preserve or restore the status-quo of the last
judgement is quoted hereunder:-
"16.The relief of interlocutory mandatory injunctions are
thus granted generally to preserve or restore the status ... when perpetual
injunctions are granted and Section 39 indicates when
7
mandatory injunctions are granted. Section 40 provides
that damages may be awarded either
appellate decree. It arises out of a suit for permanent prohibitory and mandatory injunction, that was instituted by the present appellants against the defendant-respondent ... same with costs, both for the permanent prohibitory as well as mandatory injunctions, in terms of the reliefs claimed. The defendant-respondent filed an appeal
