Defendant No. 1/Delhi Development Authority (DDA) only
seeking permanent and mandatory injunctions in relation to the
installation of openable gates/fencing within the housing ... grant the reliefs sought in the
suit, namely permanent and mandatory injunctions, and if so,
whether such remedial adequacy results in ouster of civil court
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
others V Ram Singh and others for declaration, permanent and mandatory
injunctions and damages against the plaintiffs and others by alleging that the
plaintiff ... defendant and her children filed a suit for declaration, permanent and
mandatory injunctions and damages bearing no 476511/15 titled as Usha and
others
reserved: 28.01.2012
Date of decision : 16.02.2012
SUIT FOR PERMANENT AND MANDATORY INJUNCTIONS.
JUDGMENT
The facts in brief, necessary for the disposal of the present suit ... seen that the present suit is a suit for
permanent and mandatory injunctions accompanied by an application u/o 39 rule
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
Recovery of
Money of Rs.4,99,880/ and for Mandatory Injunctions (hereinafter
referred to as CS No.408/2017). However, the relief of Mandatory ... defendant No.2 i.e. Arun
Arora for Permanent and Mandatory Injunctions (hereinafter re
ferred to as CS No.407/2017). In this suit
Recovery of
Money of Rs.4,99,880/ and for Mandatory Injunctions (hereinafter
referred to as CS No.408/2017). However, the relief of Mandatory ... defendant No.2 i.e. Arun
Arora for Permanent and Mandatory Injunctions (hereinafter re
ferred to as CS No.407/2017). In this suit
Recovery of
Money of Rs.4,99,880/ and for Mandatory Injunctions (hereinafter
referred to as CS No.408/2017). However, the relief of Mandatory ... defendant No.2 i.e. Arun
Arora for Permanent and Mandatory Injunctions (hereinafter re
ferred to as CS No.407/2017). In this suit
Part-III, New Delhi. ..... Defendant.
SUIT FOR POSSESSION, PERMANENT PROHIBITORY AND
MANDATORY INJUNCTIONS, DAMAGES AND MESNE
PROFITS.
Date of Institution : 28.01.2011
Date on which arguments ... COUNTER CLAIM FOR DECLARATION, CANCELLATION AND
MANDATORY INJUNCTIONS.
Date of Institution : 27.04.2011
Date on which arguments concluded : 03.03.2025
Date of Judgment : 29.03.2025
Result : Partly Decreed
Part-III, New Delhi. ..... Defendant.
SUIT FOR POSSESSION, PERMANENT PROHIBITORY AND
MANDATORY INJUNCTIONS, DAMAGES AND MESNE
PROFITS.
Date of Institution : 28.01.2011
Date on which arguments ... COUNTER CLAIM FOR DECLARATION, CANCELLATION AND
MANDATORY INJUNCTIONS.
Date of Institution : 27.04.2011
Date on which arguments concluded : 03.03.2025
Date of Judgment : 29.03.2025
Result : Partly Decreed
